Terms & Conditions

Nikon Club Terms and Conditions of Use ("Terms of Use")

Please read these Terms of Use carefully. By accessing and/or using these web pages of Nikon Malaysia Sdn Bhd ("Nikon"), at the URL/domain name http://www.nikonclub.com.my (the "Site") and/or any contents or services therein, you, as a user of the Site, hereby accept and agree to abide by these Terms of Use, and any additional terms & conditions and/or Site Policies governing specific services provided on the Site (including but not limited to the Nikon Club Privacy Statement, the Nikon Club Insights Policy, the Nikon Malaysia Facebook page Terms and Conditions and the Nikon Club Twitter Terms and Conditions, and such other terms and conditions/Policies which may be added from time to time).

Nikon reserves the right in its sole and absolute discretion to modify without prior warning or notice the Terms of Use and Nikon's Site Policies. You agree that your continued use of the Site after such modification shall constitute acceptance of the modifications to abide by and be bound by such modifications. As such, Nikon recommends and advises you to visit this web page to review the prevailing Terms of Use and/or Site Policies.

If you do not agree with any of the above, please discontinue your use of the Site and/or any content or services therein and do not register to be a member of Nikon Club.

If you agree with the Terms of Use, please click on the "I agree" icon at the end of this page and proceed with the registration process.


1. DEFINITIONS


"Agreement"

shall mean the Terms of Use and any additional terms and/or Site Policies which may be applicable at different stages of usage of the Site.

"Content"

Shall refer to all and any information, materials and/or images that a Member posts, uploads or transmit on or through the Site

"Products"

shall mean any and all goods and services advertised and/or promoted by Nikon or any third party on the Site

"Member"

Shall mean a member of the Nikon Club

"Membership"

Shall refer to membership of the Nikon Club

"Membership ID"

Shall refer to the Nikon Club user ID that is created upon registration of Membership.

"Policies"

Shall refer to the Nikon Site policies which are applicable at different stages of usage of the Site.

"Nikon"

Shall refer to Nikon Malaysia Sdn Bhd

"Services"

Shall refer to all services provided by Nikon to Members within the Site. This includes but is not limited to Insights latest news, Contact Us, Nikon Club Malaysia Facebook page, Nikon Club Twitter services, and any such services which may be added from time to time to the Site.

"Site"

Shall refer to the URL/domain name http://www.nikonclub.com.my and/or any contents or services therein.


2. SCOPE OF THIS AGREEMENT


2.1      The Terms of Use govern Membership and the use of the Site and/or the Content or Services therein.
 
2.2       In addition, use of any and all Services and/or Content on the Site and any purchase of Products arising out of or in connection with use of the Site is also governed by any applicable separate terms and conditions and/or Site Policies, without prejudice to the Terms of Use. 

2.3       By accessing the Site, Members agree to comply with and observe all applicable laws, regulations, codes of practice and directives including without limitation the laws of Malaysia in connection with access to, and use of, the Site.

2.4       By accessing and/or performing transactions on the Site, Members are deemed to be a user of the Site. These Terms of Use are applicable to the Site, but not necessarily to other Nikon web sites on the World Wide Web. When leaving the Site, please read any terms and/or guidelines of use applicable to such web sites to ensure that you agree with the terms and/or guidelines of use applicable to that web site.

2.5       Nikon controls and maintains the Site from the Republic of Singapore and Nikon makes no representation that the Content contained herein is appropriate or available for use in other locations/jurisdictions.


3. ELIGIBILITY


3.1      Membership is only open to owners of the following Nikon manufactured items:

3.1.1 Digital camera (either a DSLR or COOLPIX or Nikon 1 camera);
3.1.2 Nikkor lens; or
3.1.3 Speedlight.

3.2      Membership is strictly country and area specific and the Site is intended for users residing in Malaysia. If, at any time, you are no longer residing in the Malaysia, please inform Nikon promptly by e-mailing us at Contact Us. Nikon will reply to you with details of how your Membership may be affected or terminated by Nikon.

3.3      Members must be individual persons and not corporate entities

3.4      One Membership is allowed per person.

3.5      Membership is only effective when your online registration is accepted and communicated to you via email acknowledging the new Membership.

3.6      You will create a Membership ID and password that shall be used by you for all your transactions on the Site.


4. ACCOUNT SECURITY


4.1       Membership is non-transferable, whether temporarily or permanently. Only registered Members may access the Services on the Site. 

4.2       You shall not acquire any rights to your Membership ID or password selected by you or assigned to you by Nikon. Nikon reserves the right to change the same, at its sole discretion, without being liable to you for any loss or damage of any nature whatsoever (whether direct, indirect, incidental, punitive, exemplary or consequential) suffered.

4.3       You are solely responsible for any and all activities and transactions performed under your Membership ID. This includes but is not limited to any and all use of the Services and for any and all Content posted, promoted or transmitted under your Membership ID. 

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

4.5       Use of the Site by any unauthorized personnel is prohibited. 

4.6       You are solely responsible for the confidentiality of your Membership ID and password (including but not limited to changing your password from time to time and not releasing the information to third parties). 

4.7       You shall notify Nikon immediately if you become aware of, or have any reason to believe, that there is any unauthorized use of your Membership ID or any other breach of security. You agree to co-operate with Nikon in all such security investigations and to indemnify, defend and hold harmless Nikon for any liability or expense arising from such use or misuse. Nikon cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

4.8       Nikon reserves the right to suspend access or change access to your account upon notification by you that your password has been lost, stolen or otherwise compromised.


5. GRANT OF LICENCE TO NIKON


5.1       You acknowledge that by posting, uploading, transmitting or submitting any Content on or through the Site, you automatically grant Nikon (and its related entities) an irrevocable, perpetual, non-exclusive, transferable, worldwide, royalty-free licence to use, store, copy, display, publish, transmit, transfer, distribute, reproduce, create derivative works of, incorporate into other works and publicly perform or display that Content for any purpose whatsoever, within the Nikon Club Site.

5.2       In respect of any information or Content which you submit to Nikon using the Site, you agree that such information or materials are non-proprietary and non-confidential. You hereby agree to grant Nikon, companies within the Nikon group and its affiliates, an irrevocable, perpetual, non-exclusive, transferable, word-wide, royalty-free licence (with the right to sublicence) to use such information or Content for any purpose it deems necessary, including without limitation, the copying, transmission, distribution, broadcast and publication thereof, unless restricted by applicable law. 

5.3       In addition, you hereby grant to Nikon, companies within the Nikon group and its affiliates a word-wide perpetual right to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any Content submitted to Nikon for any purpose whatsoever, including without limitation, developing, manufacturing, and marketing products using such information or materials. Nikon shall also be entitled to make use of, to publish and to make available, in any way, any demographical and statistical data it collates from your usage of the Site.


6. MEMBER'S RESPONSIBILITIES

6.1       You shall be solely responsible for the set-up, configuration or compatibility of your hardware, equipment and software for access to the Site and you shall provide at your own expense all facilities or resources necessary for such proper access.

6.2       You are solely responsible for the use of the Services, and for any Content posted, uploaded or transmitted through the Site, under your Membership ID. You will be solely and fully responsible for any and all aspects of the Content submitted, including but not limited to its legality, appropriateness, and non-infringement of third party intellectual property rights.

6.3       You must not use or allow any part of the Services to be used:

6.3.1       to post, upload or transmit any Content which violates any applicable laws, rules, regulations and/or codes of practice issued by the Media Development Authority of Malaysia;

6.3.2       to post, upload or transmit any Content which violates any terms, rules or Policies which are applicable or made available or communicated to you in any manner;

6.3.3       to post, upload or transmit any Content that may be illegal, harassing, libelous, defamatory, abusive, threatening, disruptive, harmful, hateful, vulgar, obscene, profane, threatening, racially or ethnically offensive or otherwise as determined by Nikon in its sole discretion to be objectionable. This includes but is not limited to any material that depicts nudity and/or persons engaged in sexual activity, promotes or depicts extreme violence or cruelty, or glorifies, incites or endorses ethnic, racial or religious hatred, strife or intolerance;

6.3.4       to post, upload or transmit any Content which is objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or is otherwise prohibited by applicable laws;

6.3.5       to post, upload or transmit any propagation, promotion or discussion of political or religious issues which may incite political or racial disharmony;

6.3.6       to post, upload or transmit any Content which may violate the rights of any person;

6.3.7       to post, upload or transmit any Content protected by any intellectual property right or other proprietary rights of any party without obtaining permission from the relevant intellectual property right or rights owner.

6.3.8       to post, upload or transmit any unsolicited or unauthorized advertising or promotional materials or any other form of solicitation, including but not limited to spam, junk mail or distributing mail to any party who has not given express consent to be included in the distribution;

6.3.9 to post, upload or transmit any Content containing viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or disruptive programs;

6.3.10       to post, upload or transmit any Content for the furtherance of games and lotteries unless licensed under applicable laws, analysis, commentaries or tips for the purposes of gambling, prostitution or other immoral activities;

6.3.11       to engage in abusive behaviour. Such abusive behaviour includes but is not limited to obscene, racist, and other offensive language, harassment of other Members, or purposefully disrupting the Site through means such as scrolling and impersonating another Member;

6.3.12       to acquire or attempting to acquire passwords, financial or personal information from Members;

6.3.13       save and except with their consent in writing, to display or disclose personal information/data of other Members;

6.3.14       to use an obscene or offensive handle or name;

6.3.15       to engage in actions designed to disrupt or otherwise reduce other Members' enjoyment of the Site;

6.3.16       to interfere with or disrupt the service, servers, or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;

6.3.17       to create any other circumstances whereby other Members are affected in their access to, and use of, the Site.

6.4       Nikon reserves the right to, in its sole and absolute discretion, to delete any Content which Nikon determines to be in violation of the Terms of Use and/or Policies and/or in some or any way objectionable as determined by Nikon.

6.5       In the event you have accidental access to the personal information of other Members on the Site you are to notify Nikon immediately and you are hereby warned that it is unlawful to access, collect, process, store, use or disclose personal information of other Members


7. SITE CONTENTS


7.1       You acknowledge that:

7.1.1       information and materials which you find published on the Site may be the property of Nikon or others, and may be protected by and/or contain various intellectual property rights, including without limitation copyrights and trademarks. You may not copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials; and/or

 7.1.2       from the Site, you can access third party Internet sites and services. You acknowledge that Nikon has no control over such third party Internet sites and services, and that Nikon is not responsible or liable in any way for any activities and/or content of such third party Internet Sites.

7.1.3       Nikon is the owner of any and all rights and interests (including without limitation copyrights) of Contents in the Site.

7.2        You are solely responsible for any and all Content published on the Site under your Membership ID. 

7.3        You warrant that all Content submitted for publication or posting on the Site does not violate or infringe any copyright, trademark, patent, design right or other statutory, common law or proprietary rights of others.

7.4        Nikon reserves the right, in its sole and absolute discretion, but is under no obligation, to refuse to post, delete or edit any information that you submit or enter into the Site. You agree that you will not hold, nor seek to hold, Nikon liable for the loss of data or the misappropriation or infringement of any intellectual property right to which you claim ownership.
 
7.5       Where expressly provided for by Nikon on the Site, some contents may be available for download by you. Nikon hereby grants you a non-exclusive, limited, non-transferable, royalty-free right to download the content for your personal and non-commercial use only. You shall not sub-license, distribute, adapt, modify, create derivative works from, decompile, reverse engineer the content without the prior written consent of Nikon.


8. PROVISION OF INFORMATION

8.1       You are required to provide information about yourself for registration or otherwise which is complete and accurate. You may update or correct the information online from time to time by contacting Nikon at Contact Us.

8.2       You must promptly inform Nikon of any:

8.2.1       changes in your home address;
8.2.2       breaches of security, including loss, theft, or unauthorised disclosure or use of your Membership ID or password; or
8.2.3       changes in your e-mail address.

Until Nikon receives notice of a breach of security, you remain fully liable for any unauthorised use under your Membership ID.

8.3       As a Member of Nikon Club, you hereby consent and authorise Nikon to collect, process, store, use your personal information/data for the purpose herein and/ and allow and authorise Nikon to disclose transfer your personal information/data to third parties in accordance with the terms and conditions herein


9. AVAILABILITY OF PRODUCTS

9.1       Features and specifications of Products advertised, provided and/or made available on the Site are subject to change at any time without notice. Without limiting the generality of the foregoing, Nikon draws your attention to the following:

9.1.1       weights, measures, colours and sizes provided are only approximates;
9.1.2       all monitor screen measurements are taken diagonally; and
9.1.3       all monitor screen images provided are simulated pictures unless otherwise indicated.

9.2       While Products advertised, provided and/or made available on the Site are generally available for purchase in Malaysia, nothing on the Site shall imply, represent or warrant that such Products are or will be available at the various local Nikon authorised representatives in Malaysia. You should therefore check with your local Nikon authorised representative for specific product availability in your locality.

9.3       Only orders for Products on the Site that are accepted by Nikon shall constitute a legal, valid and binding contract between yourself and Nikon.

9.4       The processing of the orders for the Products, their delivery and provision shall be subject to a separate set of terms and conditions from the Terms of Use. Similarly, any warranties or repair or refund policies (if any) on the Products are also addressed separately. See our Terms of Sale for additional terms and conditions regarding the sale and purchase of Products on the Site.

9.5       The possession, distribution, circulation, importation or other dealing with such Products that are available on the Site may be subjected to the laws and regulations of other countries and jurisdictions. It is your responsibility to ensure that any such dealings with such Products is in compliance with all applicable laws and regulations of the relevant countries and jurisdictions, including such licensing, intellectual property, taxation, revenue, customs, import and export control laws of such relevant countries and jurisdictions, and to observe all such laws and regulations.


10. EXCHANGE, CANCELLATION & REFUND

10.1       In the event of any workshop cancellation or postponement that announce by Nikon, registration fee that you have paid to us will be fully refunded.

10.2       If you would like to terminate/cancel your registration for a paid workshop/event, registration fee will be fully refunded to you if you have made request to us at least 7 calendar days before the event/workshop date. Otherwise, RM10.00 will be charged as administrative charges and balance will be refunded to you.

10.3       Product redemption is subjected to stock availability on first-come-first-serve basis and no color options are available to customers.

10.4       Delivery of redemption is only applicable to Malaysia.

10.5       No refund policy for product redeemed and extended warranty.

10.6       Product Redemption or Extended Warranty are not exchangeable for any form of cash or other products and it is not meant for any resale purposes.


11. PRIVACY


11.1       Unless restricted by applicable law, you consent and agree that any and all personal information/data relating to you collected by Nikon from the Site from time to time may be used and disclosed for such purposes and to such persons as may be in accordance with these Terms of Use.

11.2       For the purpose herein, you acknowlege that Nikon has duly notified you of the intentions and purposes for Nikon’s processing, storage, usage and/or disclosure of your personal information/data and you hereby agree and consent to Nikon’s processing, storage, usage and disclosure of your personal information/data to third party(ies) in accordance with the Terms of Use.

11.3       Nikon shall not be under any obligation of confidentiality to you regarding Content posted, uploaded or transmitted to Nikon on the Site unless agreed otherwise in a separate direct contract between you and Nikon or as required by law.

11.4       All areas and portions of the Site are considered public and, as such, 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 and/or appropriate, to ensure that users of the Site are complying with the Terms of Use and/or any applicable Site Policies.

11.5       See our Privacy Statement for more details on how Nikon deals with your personal information.


12. INTELLECTUAL PROPERTY


12.1       All Contents of the Site including, but not limited to the text, graphics, links and sounds are the copyright of Nikon or its licensors. Although Nikon authorises you to view and access the Contents of the Site solely for your personal and non-commercial use, you may not otherwise copy, download, distribute, display, perform, adapt, modify, publish, create derivative works from, decompile, reverse engineer or otherwise deal with in any way all or any of the contents of the Site without the prior written consent of Nikon.

12.2       All marks, names and logos (whether registered or unregistered), including but not limited to "Nikon Club", "Nikon" and "COOLPIX" used on the Site (unless otherwise stated) are trade marks, service marks and intellectual property rights held by Nikon and/or companies within the Nikon group. No permission or licence is granted to use any such trade mark, service mark or intellectual property right without the prior written consent of Nikon, companies within the Nikon group or its legal representatives (as the case may be).


13. TERMINATION


13.1       Nikon has the sole and absolute discretion to terminate your Membership or take any other action it deems necessary and/or appropriate, if it believes that you have violated any of the terms of this Agreement.

13.2       Nikon may terminate or suspend your access to and use of the Site at any time, without liability and for whatsoever reason or cause, without notice.

13.3       In the event of termination of your Membership for any reason, you will remain obligated not to violate the rights of any person or entity with respect to any materials you may have downloaded from the Site.


14. NO WARRANTIES


14.1       Nikon makes no warranties on the future availability of any Content on the Site. Nikon reserves the right to modify or discontinue any Content on the Site at any time, for any reason, without any advance notice to Members.

14.2        Nikon does not guarantee that any e-mails sent from the Site will be received by you or received by Nikon if sent by you nor does Nikon warrant the privacy and/or security of e-mails during Internet transmission.

14.3        Nikon makes no guarantee, endorsement, representation or warranty, term or condition of any kind, express, implied or statutory that the products advertised, provided and/or made available on the site including the downloadable content are of good title, correspond with description, merchantable, of satisfactory fitness or quality for any general or particular purpose. Nikon is not under any obligation to provide any walk-in, house call, backup or technical support or any other post-sale service. All products made available to you shall be the subject matter of a separate contract between yourself and Nikon. Further, Nikon shall not in any way be responsible for the non-receipt of any order you make, or any delay in the delivery of any product you may order.

14.4       Nikon makes no guarantee, endorsement, representation or warranty, term or condition of any kind, express, implied or statutory regarding the site and its operation, or the content contained or referred to on each page herein including the downloadable content. The site and its available materials and information including the downloadable content are provided on an 'as is' and 'as available’ basis. 

14.5       Nikon makes no guarantee, endorsement, representation or warranty, term or condition in respect of any accuracy, quality, completeness, timeliness, satisfactory quality, merchantability, fitness for a general or particular purpose, non-infringement or title of any software, communications, transmissions, information, data, product or service provided pursuant to the site.

14.6       Nikon expressly excludes any warranty, term or condition which may be implied or incorporated within these terms of use by reason of statute or common law or otherwise (including warranties as to description, merchantability, suitability, satisfactory quality and fitness for a general or particular purpose), except for liability for death or personal injury arising from negligence or for fraud.


15. INDEMNITY


15.1       You agree to indemnify and hold Nikon, companies within the Nikon group, its affiliates, content providers and their officers and employees, harmless from any claims and expenses, including any legal expenses, arising out of or in connection with your violation of this agreement, including any abusive or unlawful behaviour on the part of you or anyone using your membership id or password, and/or the infringement of any intellectual property or other right of any person in connection with your use of any portion of the site or your membership ID. 


16. EXCLUSION/LIMITATION OF LIABILITY


16.1       Please note that your participation in the Nikon Club Site is at your own risk and Nikon neither assumes nor accepts any liability or responsibility for any direct, indirect, incidental or other loss or damage whatsoever arising out of your access to or use of any part of the Site. Nikon assumes no responsibility, and shall not be liable, for any damage your computer equipment or other property, or for any loss or corruption of data arising from your access to, use of, uploading or downloading of any Content to or from the Site, howsoever caused, whether by reason of software and/or hardware issues, including but not limited to viruses, Trojan horses, worms, software bombs or similar items or processes.

16.2       Nikon accepts no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of the site, howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy in, of, or on the part of (as is applicable) the site or its contents, the downloadable content or due to any unavailability of the site or any part thereof or any contents or associated products or services.

16.3       Without prejudice to the other provisions of the terms of use and to any other rights and remedies which Nikon may possess, you hereby agree to indemnify and hold Nikon harmless at all times against all actions, proceedings, costs, claims, expenses (including all legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever and howsoever arising, including without limitation claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers (including but not limited to hacking), property damage or pecuniary losses which Nikon may sustain, incur, suffer or pay arising out of, in connection with or pursuant to your access to and/or your use of the site, whether or not such access or use was authorised or whether it was due to any act or omission on your part. For the purposes of this clause, any reference to the use of the site shall include but is not limited to the downloadable content or the purchase of any product by you.

16.4       Nikon shall not have any liability for any delay or default in its operation of the site caused by circumstances beyond its control including but not restricted to acts of god, acts of the public, enemy, decrees or restraints by governmental authorities, telecommunications, computer or utilities failure, strikes, war, riots, insurrections, civil commotion and other causes of such nature. In any of the events mentioned above, Nikon shall for the duration of such event, be relieved of any such obligation under these Nikon club terms and conditions of use as is affected by the said event. Provided that the provisions of the terms of use shall remain in force with regard to all other obligations which are not affected by such event. And provided further that the parties shall resume their full obligations under this agreement upon the cessation of such event.

16.5       You acknowledge that circumstances could arise in which the remedies and limitations on liability set forth in these membership rules may appear insufficient to you. In light of the agreement reached hereunder, Nikon and you have agreed that the limited remedies and liabilities set out herein are part of a reasonable allocation of the risks and benefits of the agreement between Nikon and you, taking all relevant factors into consideration including the value of the consideration provided by you and the availability and costs of insurance with respect to the said risks.


17. INTERPRETATION


17.1       In case of any conflict or inconsistency between any provision of the Terms of Use and any provision of the Site Policies as applicable to Members in relation to the Site, such conflict or inconsistency will be resolved in a manner most favourable to Nikon.

17.2       However, if such conflict or inconsistency cannot be resolved, the provisions of the Terms of Use will prevail over the provisions of the Site policies.


18. GOVERNING LAW


18.1       These Terms of Use are governed by the laws of the Malaysia and any dispute arising out of or in connection with it shall be subject to the exclusive jurisdiction of the courts of Malaysia. 

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Nikon Club Privacy Statement


By accessing and/or using these web pages of Nikon Malaysia Sdn Bhd ("Nikon"), at the URL/domain name http://www.nikonclub.com.my (the "Site") and/or any contents or services therein, you, as a user of the Site, hereby accept the Nikon Club Privacy Statement ("Privacy Statement") and consent to Nikon’s collection, process, storage, use, transfer and disclosure (to third parties or otherwise) of your personal information.

This Privacy Statement is not intended to, and does not, create any contractual rights whatsoever or any other legal rights, nor does it create any obligations on us in respect of any other party or on behalf of any party.

Nikon reserves the right in its sole and absolute discretion to modify without prior warning or notice this Privacy Statement. You agree that your continued use of the Site after such modification shall constitute acceptance of the modifications and your consent thereto and you agree and consent to abide by and be bound by such modifications. As such, Nikon recommends and advises you to visit this web page to review the prevailing Privacy Statement on the Site.

If you do not agree with the terms of the Privacy Statement, please discontinue your use of the Site.

1.1       This Nikon Club Privacy Statement relates solely to personal information supplied by you or collected from you as a result of your access to or use of the Site and/or your Nikon Club Membership.

1.2       Your personal information may be supplied by you or collected from you as a result of your access to or use of the Site and/or your Nikon Club Membership at the following points:

1.2.1 when you register to be a Nikon Club member;

1.2.2 when you browse, use, participate in any activity or service on the Site or post any notice on the Site;

1.2.3 when you respond to other online surveys, polls, contests, lucky draws, promotions and purchases; and/or

1.2.4 when you register online to receive an e-warranty.
1.3       Nikon respects the privacy of your personal information. Any personal information supplied by you or collected from you as a result of your access to or use of the Site and/or your Nikon Club Membership will be used for the following purposes only:

1.3.1 because it is necessary to enable you to access or use a service on the Site;

1.3.2 to identify you when you access and use the Site in order for you to enjoy a customised and personalised experience;

1.3.3 to update and enhance our records and to advise you of other products or services which may be of interest to you; and/or

1.3.4 to improve the design and marketing of our range of products and services for your use.
1.4       The personal information supplied by you or collected from you as a result of your access to or use of the Site and/or your Nikon Club membership may be transferred within and disclosed to the Nikon group of companies in different jurisdictions, within Malaysia and/or outside Malaysia. Please also note that your personal information may be transferred to and stored with our service providers or data processors' facilities overseas. Your use of the Site indicates your consent to such transfers and disclosures to Nikon and/or third parties as indicated herein .

1.5       Your personal information will not be disclosed by us to any third party, unless we have your permission, or we are under a legal obligation or duty, to do so, except for disclosure to the following individuals or entities in Malaysia and/or to places outside Malaysia which you hereby agree to:

1.5.1 other companies in the Nikon group of companies;

1.5.2 government authorities or regulators;

1.5.3 our professional advisers, including without limitation our lawyers, accountants and auditors;

1.5.4 our third party service providers (including those who provide payment, administrative or other services to us in connection with the operation of the Site and/or of our business) or data processors;

1.5.5 any agent acting on our behalf; and

1.5.6 our business alliance partners.
1.6       The use of your personal information will be kept to the minimum required in order for us to continually monitor and improve our services to our customers and to keep you informed about our products, services and other opportunities within Nikon.

1.7       In particular, we do not rent or sell your personal information to any third party (unless as part of the sale of our entire assets or sale of our business as a going concern).

1.8       We wish to assure you that your personal information will be protected by high standards of security. Nikon will take all reasonable steps to keep secure any personal information we hold about you on secure servers. Notwithstanding our best efforts to protect your personal information, the nature of the Internet is such that data transmission over the Internet can never be fully secure. Hence, Nikon cannot be responsible for events arising from unauthorized third parties gaining access to your personal information. It is solely your responsibility to maintain the secrecy of your membership User ID and password at all times.

1.9       Personal information supplied by you or collected from you as a result of your access to or use of the Site and/or your Nikon Club membership is retained by Nikon for as long as the purpose for which the data was collected continues. The personal information will subsequently be destroyed or de-identified from you unless its retention is required to satisfy legal, regulatory or accounting requirements or to protect our interests. Nikon will only retain the personal information so long as may be necessary to fulfill the purposes specified in this Privacy Statement.

1.10       Depending on where you are situated, you have the right to request access to and correction of personal information about you held by us except where compliance with this request to such access or correction is refused or prohibited by any prevailing acts or legislation. If you have that right and you wish to access or have the right to ask for correct or deletion of any of your personal data held by us, or if you have any questions concerning this Nikon Club Privacy Statement, please contact us via the Contact Us section of the site.

1.11       We will only withhold your access to your personal information in extremely limited circumstances, such as:

1.11.1 where it might be dangerous if you were to have it;

1.11.2 where it might prejudice an investigation currently underway;

1.11.3 where it relates to court proceedings and may be subject to the discovery process;

1.11.4 where it may relate to a commercially sensitive decision-making process;

1.11.5 where other individuals' personal information is contained in the same record;

1.11.6 where we do not have sufficient information as to the identity of the requestor or the relevant person who claimed to be authorised by you for the access; or

1.11.7 where the burden or expense of providing access is disproportionate to the risks to your privacy in relation to the personal information in question; and

1.11.8 the request for access to your personal information must be notified to us in writing and subject to sub-clauses

1.11.1 until 1.11.7 above, we shall comply with your request within 21 days from the date of our receipt of your written request.
1.12       Nikon cannot verify the age of persons who access the Site. Hence, if you are under 18 years old, please obtain consent from your parent or guardian before you access the Site and submit any personal information to us. Should a parent or guardian have reason to believe that a minor has provided Nikon with personal information without their prior consent, please contact us to ensure that the information is removed and unsubscribe them from any promotional contact opportunities.

1.13       Nikon will also not be aware if you become a resident in another country outside Malaysia and may therefore be subject to the rules and regulations of countries outside Malaysia in relation to the collection, processing, use and storage of personal information. Hence, if you are no longer resident of Malaysia, please inform Nikon promptly by sending us an enquiry via the Contact Us section of the site.

Please note that you are given the option with respect to whether you consent and agree to the foregoing collection, storage, use and disclosure of your personal information by us by choosing whether to submit the personal information or not. If you are agreeable to allow us to collect, store, use and disclosure your personal information in accordance with the purposes and intentions herein this Nikon Club Privacy Statement, please submit the personal information to us and we shall deem that as your consent and agreement to this Nikon Club Privacy Statement. You may at any time request for a copy of your personal information from us

1.14       Naturally, we offer you the ability to opt out of receiving information of our products and services by editing your user profile. Please allow 7 working days for this request to be processed. If you do not opt out, you are deemed to have consented to receiving such information from Nikon.

1.15       If at any time you do not want us to use your personal information or to share your personal information with third parties, please contact us via the Contact Us section of the site.

1.16       If you decide that you do not want Nikon to use your personal information or to share your personal information with third parties, you understand that this may in some cases impact on the availability of services (such as the e-warranty) and the quality of services that Nikon may provide to you and may mean that the services provided to you (if possible at all) by Nikon may not be customised for your use, may be less user- friendly and less efficient.



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Terms & Conditions of Purchase (Shipping, Return, Refund & Exchange Policy)

These terms and conditions govern your purchase of Goods and Services from Nikon (Malaysia) Sdn Bhd through its online storefront in webpage of http://www.nikon.com.my (the "Nikon Online Store") and http://www.nikonclub.com.my (the “Nikon Club Malaysia website”). By using the Nikon Web site, Nikon Online Store and Nikon Club Malaysia website, you AGREE to be bound by its CONDITIONS OF USE (set out below), LEGAL POLICY, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Nikon E-store site and Nikon Club Malaysia website.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

 

Definitions

In these terms and conditions, "we" and "us" means Nikon and "you" means the person, firm or corporation purchasing the Goods indicated in your Sales Order. Unless the context requires otherwise, words spelt with initial capitalized letters are defined terms and shall bear the meanings set out in these terms and conditions. Except to the extent that the subject matter or context may otherwise require in these terms and conditions, (i) expressions including the singular may indicate the plural and vice versa, (ii) expressions indicating any particular gender may indicate all other genders and (iii) expressions indicating bodies corporate may also indicate natural persons and vice versa.

Defined Terms

In these terms and conditions:-

- "Acknowledgement" means our email acknowledgement of receipt of your Sales Order.

- "Agreement" means these terms and conditions together with your Sales Order and the Sales Confirmation;

- "Nikon" means Nikon (Malaysia) Sdn Bhd;

- "Goods" means any product listed on the Nikon Online Store & Nikon Club Malaysia website and for the purposes of these terms and conditions includes services;

- "Services" means any workshop or activities listed on the Nikon Online Store & Nikon Club Malaysia website and for the purposes of these terms and conditions;

- "Invoice" means the invoice issued by us to you showing the price of your Goods or Services and which is your proof of purchase;

- "Price" means the price ascribed to any Goods as set out in the Niko Online Store and Nikon Club Malaysia website or as intended by Nikon to be set out in the Nikon Online Store and Nikon Club Malaysia website, as appropriate

- "Sales Order" means the Goods or Services you have ordered in Nikon Online Store & Nikon Club Malaysia website.

- "Sales Transaction Number" means your Goods or Services confirmation number issued by us to you upon our acceptance of your Sales Order.

Only persons aged 18 years and above may submit the Sales Order or make any orders, purchases or any other form of request on the Nikon Online Store & Nikon Club Malaysia website.

 

1. Payment

1.1 Sales Order

All Sales Orders submitted to Nikon through the Nikon Online Store & Nikon Club Malaysia website are subject to our acceptance. Sales Order acceptance and the completion of the contract between you and Nikon will take place on the dispatch to you of the purchased Goods or Services, and until that time we reserve the right to reject your Sales Order. Nikon shall be entitled to cancel or terminate the obligations to fulfill any Sales Order, for any reason whatsoever, even after a Sales Order is confirmed by, and paid for by the customer, with or without notice and we shall not be liable to any party for such termination or cancellation.

In such event, we shall refund (Subject to approval) to the customer the price of the Goods /Services purchased.

1.2 Payment Terms

Unless otherwise stated, all Prices quoted are inclusive of goods and services tax.

Unless otherwise stated, all payments to be made through the Nikon Online Store & Nikon Club Malaysia website shall be made using credit card payment (where you are the cardholder of that card) or direct banking via iPay88 as we may from time to time allow so and shall be made in accordance with such procedures as we may from time to time specify.

1.3 Payment Processing

We accept VISA® and MASTERCARD® credit card payments (if any). Nikon is not responsible for the errors, acts and omissions of the credit card companies.

2 Errors on Our Site

Prices and availability of Goods are subject to change without notice. Errors will be corrected where discovered, and Nikon reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after a Sales Order has been submitted and whether or not the Sales Order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your Sales Order is cancelled, Nikon will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the terms set out in "Cancellations, Exchanges and Returns" below.

3 Delivery & Collection Conditions

3.1 Delivery

Delivery charges of MYR $15.00 per Sales Order (for Goods) that less than MYR100.00 purchase value will be charged for delivery and added to the price of your Goods and reflected in your Sales Order. All Goods/Services purchased from us will only be delivered to addresses within Malaysia. No delivery will be made outside Malaysia or to overseas post office boxes.

You may authorize someone who is above the age of 18 to receive the item on your behalf if you are not available to receive the Goods (excluded services such as workshop or event) personally. The authorized person must prepare to acknowledge our Delivery order.

In the rare event that your Goods ordered never arrives, notification of lost items must be received by us within 30 days from receipt of the sales confirmation email.

4 Cancellations, Exchanges & Returns

4.1 Sales Cancellation

Nikon reserves the right to refund (subject to approval) you the Price of any Goods which has been paid and received by Nikon, even after the relevant Sales Order is confirmed and payment has been received by us, in lieu of delivery or supply of such Goods.

4.2 Exchanges, Returns & Refund

If there is manufacturing defects with the Goods you have purchased or redeemed as stated in our Warranty Policy (http://www.nikon.com.my/en_MY/service/warranty_policy.page?lang=), you may request for an exchange within 7 days from the date of collection/ delivery.

The Goods must be shown to be defective not due to your negligence and need to provide proof (ie. photo) before Nikon entertain the exchange request. The Goods must be returned to Nikon before any request for refund will be entertained.

No administrative charge shall apply for such cancellation/return.

Certain categories cannot be exchanged or returned after usage.

To request for an exchange for redeemed Goods and gifts delivered to your home, please contact Nikon (nikon.malaysia@nikon.com). All original packing materials, manuals and accessories with the returned Goods and gifts that come with the purchased Goods have to be returned together with the defective Goods at Nikon. Otherwise, the refunded values for each item returned will be reduced to reflect the value of any free gifts or discount.

In the event of cancellation and refund (if any and is subject to approval), the Price paid in respect of the relevant Goods or Services shall be refunded via cheque/online banking by Nikon (Malaysia) Sdn Bhd. If delivery has taken place, refunds will exclude the delivery charges paid.

Please note the normal processing time for refund requests is 4 - 6 weeks from date of request.

5 Title; Risk of Loss

Title to, and risk of loss of or damage to, Goods purchased shall pass to you upon delivery of the purchased Goods to you.

6 Product Warranty

With respect to Nikon Goods, we make no warranties except those stated in the Nikon Warranty Card supplied with your Goods, or in the case of any extended warranty issued by us, such extended warranty documentation, for which provisions, terms and conditions are incorporated herein by reference. Such warranty does not cover software purchased hereunder. You hereby agree to refer to the relevant software license for the warranties which apply to your software.

7 Limitation of Liability

These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Goods and performance of any services in relation thereto and there are no other warranties, conditions or terms that are binding on us except as expressly stated herein. Any warranty, condition or term concerning the Goods which might otherwise be implied or incorporated in these terms and conditions by statute, common law or otherwise is hereby expressly excluded. Notwithstanding the foregoing, nothing in these terms and conditions (a) excludes, restricts or modifies any condition, warranty, right or liability implied into these terms and conditions where to do so is illegal or would render any provision hereof void; or (b) shall limit or exclude any liability for death or personal injury caused by our negligence.

Subject to the foregoing, we shall not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability hereunder whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the price of the Goods paid by you to us.

8 Product Display/Colors

Nikon Online Store attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using.

9 Reviews, Comments, Communications and Other Content

If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please contact us directly at nikon.malaysia@nikon.com.

10 Variations

We reserve the right to amend, vary and change these terms and conditions at our discretion at any time without any notice to you. Each time you use the Nikon Online Store & Nikon Club Malaysia website, you should visit and review the then current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the Nikon Online Store & Nikon Club Malaysia website, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the Nikon Online Store & Nikon Club Malaysia website. Your continued use of the Nikon Online Store & Nikon Club Malaysia website and submitting of any Sales Order or other request to us shall be construed as your acceptance of any such amendments, variations and changes to these terms and conditions.

11 Disclaimers

By using the Nikon Online Store & Nikon Club Malaysia website, you expressly agree that use of the Nikon Online Store & Nikon Club Malaysia website is at your sole risk. The Nikon Online Store & Nikon Club Malaysia website are provided on an "AS IS" and "as available" basis. Neither Nikon nor affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Nikon Online Store will be uninterrupted or error-free. Neither Nikon Online Store, Nikon Club Malaysia website nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Nikon Online Store & Nikon Club Malaysia website or the products or services offered for sale on the Nikon Online Store. Further, Nikon Online Store & Nikon Club Malaysia website makes no representation that content provided on the Nikon Online Store & Nikon Club Malaysia website is applicable to, or appropriate for use in, locations outside of Malaysia. Nikon and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Nikon Online Store & Nikon Club Malaysia website or its Associates shall create a warranty.

Under no circumstances shall Nikon or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Nikon Online Store, including but not limited to reliance by you on any information obtained from the Nikon Online Store that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Nikon has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Nikon Online Store & Nikon Club Malaysia website.

12 Entire Agreement

These terms and conditions together with your Sales Order constitute the entire agreement between us and you in relation to your purchase of the Goods or Services and supersede any and all statements or other agreements (oral or written) between you and us.

13 Termination of Use

Nikon may, in its sole discretion, terminate your account or your use of the Nikon Online Store & Nikon Club Malaysia website at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Nikon reserve the right to change, suspend or discontinue all or any aspects of the Nikon Online Store at any time without prior notice.

14 Contracts (Rights of Third Parties) Act 1999

A person who is not a party these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms and conditions.

15 Governing Law

These terms and conditions shall be governed by the law of Malaysia.

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Last updated on 3/12/2015 10:39:17 AM