This agreement applies to FBAU Channel Partners and all FBAU Channel Partners Link site users.
This document outlines the "Terms and Conditions of Use and Sale" for the FBAU Channel Partners Link Web sites. These web sites known as the FBAU Channel Partners Commerce Link www.FBAU.com.au and FBAU Channel Partners Knowledge Link channels.FBAU.com.au collectively known as the site ("Site") are owned and operated by FUJIFILM Business Innovation Australia Pty Ltd ('FBAU') ABN 63 000 341 819.
In order to gain access to the Site, you, the End User ("User") must have been authorised to be granted access by a FBAU Channel Partner ("Partner").
The following are terms of a legal agreement between you and FBAU. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations in respect of both intellectual property contained on the Site and product acquired using the Site.
If you do not agree to these Terms and Conditions, or are not a currently registered User, or you are not a current employee of an authorised FBAU Partner and authorised to access and use this Site in furtherance of the Partner's business DO NOT USE THIS SITE.
Terms and Conditions regarding Site Access
1. FBAU controls the access to this Site through a registration process. User's access to the Site may be withdrawn at the sole discretion of FBAU at any time without notice.
2. The copyright in all material provided on this Site is held by FBAU or by the original creator of the material. Material on this Site may only be used to support the purpose of the business relationship between the Partner and FBAU. Other use is restricted without the prior written permission of FBAU or the copyright owner. Any unauthorised use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
3. This Site contains confidential information ("Confidential Information") of FBAU including product information, financial and other business information, which the User agrees to keep confidential according to the terms of this Agreement and any other Agreements in place with FBAU. For example, do not leave the PC unattended whilst logged in to the Site.
4. The User acknowledges that damages for improper disclosure of Confidential Information may be irreparable; therefore, FBAU is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.
5. The User does not acquire any intellectual property rights under this Agreement except the limited rights necessary to carry out the purposes as set forth in this Agreement. This Agreement will not be assignable or transferable without the prior written consent of FBAU.
6. On termination of User's employment by Partner the User agrees to immediately return to FBAU any hard copy or electronic record of information previously downloaded from the Site without retaining a copy thereof.
7. The User agrees to indemnify FBAU in respect of any loss, claim or damage suffered by FBAU as a result of User using information obtained from this Site in any way contrary to the terms of this agreement including, but not limited to, any damage to, or loss of functionality, productivity or data caused by the introduction of a virus or similar program or any intrusion on the site.
Terms and Conditions Regarding Registration
8. A Partner Access Agreement must be signed between Partner and FBAU before Partner is permitted to use the site.
9. Each Partner must nominate in writing a single person to control the web accounts and initial passwords for their company (Partner Link Account Manager). This person shall be responsible to manage the creation, maintenance and termination of web site accounts and passwords for User access to the site. However at all times FBAU has the right to withdraw access to the site to any User without notice or explanation. The Partner Link Account Manager will maintain and provide on request to FBAU information concerning web account maintenance.
10. Where FBAU grants a registration for this Site to you as a representative of a Partner you warrant to FBAU that you are authorised to commit the Partner you represent to an agreement in the form of these terms and conditions.
11. In the event that you no longer represent the Partner you undertake to advise us of that fact and to procure that the Partner will seek a new User registration. The Partner and you shall be severally liable for any orders placed using the old User registration.
12. All information collected on registration and otherwise will only be used in accordance with the Site Privacy Statement.
13. Users must keep their current e-mail address on the Site as it will be used for confirming orders placed on the Site. FBAU will not be liable for any missing communication caused by an incorrect or undeliverable e-mail address.
14. Partners are responsible for and must pay the cost of all telecommunications and Internet access charges incurred when using the Site and are responsible for all equipment and software necessary to access the Site as well as for the security and integrity of Partners data.
15. As a User you will be provided with a Web-id (Username and password). You must not disclose your username or password to anybody. As a security precaution you agree to keep your username and password details in a secure place and after first issue and thereafter regularly to change your password as an additional precaution.
16. As a User you accept responsibility for all aspects of the use of the Site by all persons using your username and password. You indemnify FBAU from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to the use of the Site by you or any other person using your username and password.
Terms and Conditions Governing Sales
17. PARTNER CONTRACT
Each Partner has a contract with FBAU (comprising their Dealership or similar agreement together with the Partner Link Access Agreement signed to facilitate access to Site together referred to as the Principle Agreement) that provides the terms and conditions on which FBAU will supply goods and services and which will apply to purchases made on the Site.
18. ORDER
No Sale Contract shall come into existence until the Partner order (however given) is accepted by FBAU and delivery is effective. A notification e-mail will be sent to the Users specified e-mail address that confirms the order reference, this e-mail notification does not constitute acceptance of the order.
19. CREDIT APPROVAL AND PRIVACY
All sales will be subject to satisfactory credit approval. In placing an order with FBAU:
The Partner agrees to FBAU obtaining a report about the Partner's consumer or commercial credit worthiness from a credit reporting agency or a commercial credit reporting business respectively, for the purpose of assessing the Partner's credit worthiness or collecting any overdue payments; in doing so the Partner acknowledges that information from this application or concerning FBAU's credit provider status may be disclosed.
The Partner also agrees that FBAU may give to or receive from another credit provider a report about the Partner's consumer or commercial credit worthiness for the purpose of assessing an application made by the Partner to another credit provider or collecting any overdue payment that is overdue to a credit provider.
20. PRICE
The price for the product shall be the price current on the day of fulfilling the order. The price displayed on the site may vary from the current price. Displayed prices are exclusive of GST. An order may be subject to a delivery charge as set out in the delivery charges notes on the Site.
21. CUSTOMER ORDER REFERENCE
Each order for each address number requires the entry of a unique customer reference number for tracking purposes. FBAU will add a prefix of "CPW " onto the customer reference number that will appear on Invoices and order history inquires. FBAU may split orders and use the same Customer Order reference number across multiple orders.
22. DELIVERY
Delivery of orders is as per the Principle Agreement or as otherwise agreed in writing between the Partner and FBAU. Delivery times do not form part of the sale contract with FBAU and FBAU does not accept any liability for not meeting delivery times.
23. WARRANTY AND RETURN OF PRODUCT
FBAU warrants that its products are free from defects in materials and workmanship for a period of 90 days from supply. All claims in respect of goods supplied must be notified to FBAU within 3 working days of their receipt. Goods returned must be in original packing and in new condition. Please contact us at dgi-fbau-cpwwebsupport@fujifilm.com
PROPER LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the law in force in New South Wales and all disputes arising in connection with this agreement shall be submitted to the jurisdiction of the New South Wales courts.
FBAU may at any time revise these Terms and Conditions by updating this posting. User agrees to be bound by any such revisions and agree to revisit this page to determine the then current Terms and Conditions prior to each future use of the Site.