Ownership. This website is owned and managed by Fuji Xerox Australia
Pty Ltd ABN 63 000 341 819 of Level 1, 101 Waterloo Rd, North Ryde NSW
2113, Australia ( “we”)
Structure. This document contains the terms and conditions which apply
to your use of the website. These are divided:
(a) Part A - General Terms and Conditions of Use which apply to all access
and use of our websites; and
(b) Part B - Terms and Conditions of Sale, Support and Service (which
apply in addition to Part A) but only in respect of certain functionality
contained in either our fujixerox.com.au
or our xeroxsupplies.com.au
websites.
Acceptance. Your use of this website is governed by these terms and
conditions. By participating and continuing to use this website you agree
to these terms and conditions. If you do not agree to these terms and
conditions you are not authorised to use this website.
Non-excludable Rights
Definition. The Trade Practices Act (and similar State and Territory
legislation) and the Copyright Act in Australia may confer rights and
remedies on you in relation to copyright material or the supply of goods
and services which cannot be excluded, modified or restricted (“the
Non-excludable Rights”).
Non-excludable Rights not effected. Notwithstanding any other provision
contained herein nothing in this document shall be construed as removing
or modifying the Non-excludable Rights.
Copyright and Trademarks
Copyright. All material on this website is subject to our copyright
or that of our licensors. You must not reproduce, transfer or hyperlink
any of the material contained on this web site without our prior written
consent, except that you may:
(a) download a copy of this website to the local hard drive of the computer
used to access the site;
(b) print extracts of this website, but only for your personal or non-competing
internal business use; and
(c) download and use the software made available for download on this
website provided that you agree that your rights are limited to those
of a licensee, you comply with any license conditions contained therein,
and subject to your Non-excludable Rights you do not reverse engineer,
reproduce, adapt or transfer the software or cause or allow any third
party to do the same. Subject to the Non-excludable Rights, the only warranties
granted in relation to this software are those expressly set out in the
applicable licence agreement.
Trademarks. Fuji Xerox, Xerox, the Document Company, and the digitized
X are registered trademarks/trademarks our/our affiliated companies and
this website contains other registered and unregistered trademarks of
ours, our related corporations, and third party licensors (“the
Trademarks”). Nothing contained on this website shall be construed
as granting or permitting any proprietary interest, license or right of
use to the Trademark without the express written consent of the owner
of that trademark.
Liability and Indemnity
Limitation of Liability. To the extent permitted by law, our liability
for any breach of contract, tort (including negligence) or breach of statutory
duty is limited, at our option, to: (a) in the case of services supplied
or offered by us: (i) the re-supply of those services; or (ii) the payment
of the cost of having those services re-supplied; and (b) in the case
of goods (including software) supplied or offered by us: (i) the replacement
of the goods or the supply of equivalent goods; or (ii) the repair of
the goods; (iii) the payment of the cost of having the goods replaced;
or (iv) the payment of the cost of having the goods repaired.
No Special Damages. You agree that, subject to your Non-excludable
Rights, in no circumstances will we be liable to you for any indirect,
incidental, special and/or consequential losses or damages or loss of
profits of whatever nature (including without limitation those concerning
the loss or corruption of data) howsoever arising, including from: (a)
the use of or access to, or any inability to use or access the website
or any material on the website; or (b) unauthorised access to or alterations
of your transmissions or data.
Indemnity. You indemnify us and hold us harmless from and against
all losses, actions, claims, suits, demands, liabilities, costs or expenses
arising out of or in any way connected to your use of this website.
Survivorship. The rights in this Clause 4 survive cessation of access
to this website.
Disclaimers
General Disclaimer. While we endeavour to ensure the accuracy and
completeness of the information contained on this website and to ensure
constant uninterrupted access to it, we make no warranties and subject
to your Non-excludable Rights accept no responsibility for any loss or
damage you may suffer as a result or your reliance on any part of it or
for any delay or disruption however caused.
Specific Disclaimers. In particular, we make no representations or
warranties and subject to the Non-excludable Rights exclude all liability
in relation to: (a) any of the material on this website (including any
as to the quality, accuracy, completeness or fitness for any particular
purpose of such material); (b) any material of any other web site referred
to or accessed by a hyperlink through this website. We do not endorse
or approve the material of any linked website, nor will we have any liability
in connection with any linked third party website howsoever arising; or
(c) any which is downloadable from this website. You must take your own
precautions in respect of virus detection and the responsibility for any
harmful code that may be introduced into your system by using this website.
Compliance with the Law. You must comply with all applicable laws
when using this website.
Force Majeure. Neither party shall be liable for any delay in performing
its obligations if and to the extent that such delay is caused by circumstances
beyond its reasonable control.
Variations. These Terms may be varied from time to time. Please ensure
that you review these Terms regularly as you will be deemed to have accepted
a variation if you continue to use the website after it has been amended.
Termination. We can terminate your right to access our websites or
any part thereof at any time for any reason without notice.
Applicable law. These Terms will be governed by and construed in accordance
with the laws of the state of New South Wales, Australia.
B. Terms And Condition Of Sale, Support And Service
Registration
General. In order to access and use certain sections and functions
of this website you must provide us with certain information and/or register.
Become a registered user at myaccount@aus.fujixerox.com.
User Information. You warrant that all information provided by you
is accurate and you know of no reason which would prevent you from providing
this information and registering. You must keep your registered information
current (including your e-mail address) and notify us of any subsequent
changes.
Authority. If you register on behalf of another person/entity, you
must not access or use the account or the account information in any other
capacity.
User-Id and Passwords. You must keep your User- id and passwords secure
and confidential, and not disclosure the same to any unauthorised person/entity.
Registered Users must frequently change their passwords and refrain from
using passwords which are obvious or easily determined.
Confidentiality. Any information which is protected by User-Id and
password is confidential information which must not be disclosed to any
third party unless and only to the extent required by law or approved
in writing by us.
My Account
Eligibility. To use the My ACCOUNT area of the website you must have
a current Fuji Xerox Support Services Agreement (SSA).
Functionality. My ACCOUNT allows for the input of meter readings and
access to and updating of contact information regarding the administration
of the SSA.
Processing Time. While we endeavour to process data provided to us
within two business days of receipt, we do not warrant that information
will be updated within this time and will not be liable for any cost,
liability or expense accrued as a result of delay.
SSA not effected. The SSA is not varied by this document.
Support
Support Services. Access to our Support Services including On-Line
Support Assistant, e-Logging are made available to practically all our
customers. Information provided by our database is a recommendation for
similar types of incidents based upon the general information obtained
from similar customer situations collected worldwide. We make no guarantee
or warranty that such recommendations will resolve or be appropriate for
the particular problem.
Sale of Document Supplies
Interpretation. Contract means the sale by us of our goods to the
Customer upon these terms and conditions. Customer means the person or
entity identified in our quotation or invoice.
Applicability. This Clause 11 only applies in relation to goods purchased
online from our Document Supplies Division and where it applies it must
be read in conjunction with the remainder of this document.
Eligibility. Orders can only be accepted for delivery to locations
within the major capital cities and their metropolitan areas in Australia
excluding Tasmania and NT. For information on how to order for other locations
please contact us at supplieswebsupport@aus.fujixerox.com.
Formation of Contract. Nothing in this website shall be construed
as an offer by us. No Contract is created until the Customer’s order
is accepted by us and this acceptance is emailed to the Customer. Any
Customer terms and conditions (including any variations proposed by the
customer) are ineffective and excluded from the Contract.
Credit Approval. All orders are subject to satisfactory credit approval.
In placing an order with us: (a) The Customer agrees to us obtaining a
report about the customer's consumer or commercial credit worthiness from
a credit reporting agency or a commercial credit reporting business respectively,
for the purpose of assessing the Customer's credit worthiness or collecting
any overdue payments; in doing so the Customer acknowledges that information
from this application or concerning our credit provider status may be
disclosed; (b) the Customer also agrees that we may give to or receive
from another credit provider a report about the Customer’s consumer or
commercial credit worthiness for the purpose of assessing an application
made by the customer to another credit provider or collecting any overdue
payment that is overdue to a credit provider; and (c) these rights survive
the termination on the Contract and the Customers cessation of access
to this website.
Price. Prices shall be the price current on the day of placing the
order. Displayed prices are inclusive of GST (unless otherwise indicated)
but an order may be subject to a delivery charge as set out in the customer
service notice.
Payments. To pay on account terms, the Customer must be registered
for this website with a valid Fuji Xerox Australia account number. Interest
of 15% per annum is payable on the daily balance of all overdue monies.
If an account number does not exist, the Customer may apply to open an
account, or pay by credit card. We will not keep customers' credit card
details on the website.
Delivery Times. We endeavour to deliver all orders within the major
capital cities and their metropolitan areas to the delivery schedules
as set out in the customer
service notice, however, we do not represent or warrant that this
will occur and we will not be liable for any cost, expense or liability
incurred as a result of delay of the goods.
Title and Risk. Risk in the goods passes upon delivery. Title in
the goods passes at the later of the receipt of full payment for the goods
or the date of their delivery.
Warranty. We warrant that the goods supplied will be free from defects
in materials and workmanship and will conform with our published specifications
at the date of delivery. Customer must notify us of any readily identifiable
discrepancy in the quantity or nature of the delivered goods or any damage
in transit within 3 days of their delivery. Subject to this clause 11.10,
clause 11.11 and the Non-excludable Rights, the goods are provided on
an “as is” basis.
Customer Satisfaction Guarantee. For goods purchased through this
website, if the Customer notifies us that the Customer is not satisfied
that the goods meet their expectations as to quality or performance, we
will promptly replace the goods with comparable goods without further
charge.
