TERMS & CONDITIONS
1.If you send Canon Marketing (M) Sdn. Bhd. A completed application form (the 'Application Form') for membership of the Canon Professional Services scheme ("CPS Scheme"); and all applicable documents stipulated in the Application Form, Canon will consider your application for membership of the CPS Scheme ("CPS Membership") as soon as reasonably practicable. The minimum requirements for you to be accepted as a member of the CPS Scheme are that you must:
(a) be a professional photographer;
(b) own such number of units as separately designated by Canon of Canon Professional DSLR body and/or L series lens purchased in Malaysia from Canon or its authorised resellers; and
(c) live and work in Malaysia.
2. Canon may, in its sole discretion, decide whether or not to accept your application for CPS Membership. If Canon approves your application for CPS Membership, your CPS Membership will be subject to these terms and conditions as amended from time to time in Canon’s sole discretion. Canon will send you these terms and conditions from time to time in force upon your request.
3. Your CPS Membership will commence from the date of Canon’s approval of your application for CPS Membership, and will continue for a period of three years thereafter. Canon will issue your CPS Membership card (“CPS Card”) within 30 days from such date of Canon’s approval. Your CPS Membership will be renewed after Canon receiving your renewal Application Form and approving such application. If necessary, Canon may terminate your CPS Membership at any time without cause and with immediate effect by giving you written notice of termination. Neither termination nor expiration of your CPS Membership shall give rise to any refund or affect any of your accrued obligations under these terms and conditions.
4. The CPS Card will remain the property of Canon. You must
(a) keep the CPS Card safe and secure at all limes when the CPS Card is in your possession or control,
(b) promptly report any loss or theft of the CPS Card to Canon; and
(c) return the CPS Card to Canon immediately upon termination or expiration of your CPS Membership. Canon reserves the right to charge you a reasonable fee for the replacement of or failure to return your CPS Card.
5. The benefits provided to you in respect of your CPS Membership will at all times be at the sole discretion of Canon. Without limiting the foregoing, the current policy of Canon is that CPS Membership will entitle you to:
(a) priority in the provision by Canon representatives of equipment maintenance and repair services for the Canon professional photographic equipment listed by you in the Application Form (the 'Canon Products');
(b) enjoy promotional offers notified to you by Canon for servicing of the Canon Products (subject to your compliance with any conditions of such promotional offers);
(c) have access to the technical support and services of Canon representatives at media and other events that Canon from time to time selects;
(d) subject to Clause 6, loan photographic equipment from Canon (the 'Loan Equipment') in the event that loss, theft or damage occurs to the Canon Products and Canon deems Loan Equipment necessary; and
(e) receive invitations to events organised by Canon located near you.
6. If you take the Loan Equipment on loan, any such loan will be subject to;
(a) the availability of suitable Loan Equipment to Canon representatives at the location in which you make such request
(b) the prior payment by you to Canon of such deposit or rental fee as Canon consider appropriate; and
(c) your undertaking to return the Loan Equipment to Canon at the local Canon customer service centre within such number of days as separately designated by Canon, and in the event of any damage, loss or theft of the Loan Equipment or your failure to return the Loan Equipment within the said days, Canon will be entitled to apply the amount of any deposit paid by you to Canon towards Canon's estimate of the cost of repair or replacement of the Loan Equipment (in respect of which Canon’s decision will be final).
7. The benefits extended to you under the CPS Scheme:
(a) are personal to you and such benefits and your obligations and rights under these terms and conditions may not be assigned or transferred by you without the prior written consent of Canon,
(b) will only be provided upon the production to Canon representatives of the CPS Card and such other personal identification as Canon may in its sole discretion require, and will only be provided to the individual identified by the relevant CPS Card and personal identification document so produced, and
(c) will only apply to the Canon Products.
8. Canon's current policy is to waive fees for CPS Membership for your first three years of CPS Membership. You will have the option to continue or terminate your CPS Membership before any renewal of your CPS Membership if Canon notifies you that a fee will be payable for your subsequent years of CPS Membership.
9. Any change in the details of your Application Form must be promptly notified by you to Canon. The extension of the CPS Scheme to any Canon professional photographic equipment you purchase after the commencement date of your CPS Membership will be at the sole discretion of Canon. Canon reserves the right to require you to provide additional documents or information in respect of any change in details that you notify to Canon.
10. Canon shall not be liable to you or any third party whosoever for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangibles losses (even if Canon has been advised of the possibility of such damages) arising out of or in connection with (a) use or inability to use of services, supports or products or benefits to you under the CPS Scheme, (b) any act, omission or negligence of any technician, officer, employee or independent contractor of Canon or Canon Group Companies relating to the CPS Scheme, or (c) any other matter arising out of or in connection with the CPS Scheme or these terms and conditions.
11. You shall bear the risk and be responsible for all damage, injury or loss (including, without limitation, consequential loss, loss of profit, injury or damage) to yourself or others arising directly or indirectly out of or in connection with the service, support, delivery or use of the Canon Products and/or the Loan Equipment. Any services or benefits to you under the CPS scheme is provided on an “as is” basis, and Canon expressly disclaims any warranty of condition, whether express or implied, including, but not limited to, warranty of merchantability and fitness for a particular purpose.
12. The CPS Scheme is available in Malaysia. Canon shall be entitled to transfer or assign all its rights and obligations under the CPS Scheme to any company which is associated with Canon.
(a) maintaining Canon's records relating to you and Canon products;
(b) operating the CPS Scheme and facilitating Canon to provide you with benefits under the CPS Scheme;
(c) sending you information relevant to Canon products and services and other Canon advertising and promotional materials;
(d) determining the amounts outstanding from you to Canon (if any); and/or
(e) any other purposes relating thereto.
Without prejudice to the generality of the foregoing, you agree that Canon may disclose/transfer such personal information to its subsidiaries, affiliates or sub-contractors, or to Canon’s parent company, or any of subsidiaries or affiliates of Canon’s parent company or their subcontractors, and use or cause them to use such personal information for and in connection with the Purposes of Use. Your information may be stored and processed outside Malaysia and you consent to any such storage and processing of information outside Malaysia.
15. You have the right to
(a) check whether Canon holds data about you;
(b) access any of your personal data held by Canon;
(c) require Canon to correct any of your personal data held by Canon that is inaccurate; and
(d) ascertain Canon's policies and practices in relation to personal data privacy. Canon has a right to charge a reasonable fee for the processing of any personal data access request that you may make, if you have any requests for access to your personal data or for the correction of your personal data, or if you would like any further information regarding Canon's policies and practices, kindly address your enquiries to Canon.
16. You agree to hold harmless and indemnify Canon, Canon Group Companies, and their officers, employees, agents or partners from and against any damages, liability, claims, losses and expenses (including, without limitation, litigation costs and attorney’s fees) arising out of or in connection with your violation of these terms and conditions or any other acts or omissions in connection with the CPS Scheme.
17. Your CPS Membership shall not be construed as being granted by Canon any authority to act for or represent Canon or Canon Group Companies. You shall not have any right to use any trade names, trademarks, logos and/or any other intellectual property rights of Canon or Canon Group Companies.
18. A failure of Canon to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision and shall in no way affect its right to later enforce or exercise it.
19. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, you agree that it shall not affect the validity or enforceability of any other terms or rights which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof.
20. These terms and conditions set forth the entire understanding and agreement between you and Canon, with respect to and in connection with the CPS Scheme.
21. These terms and conditions shall be construed and governed by the laws of Malaysia. You agree to submit to non-exclusive jurisdiction of Malaysian courts.