Terms of Use
11/02/15
RICOH recognizes the importance of personal Data. Therefore, RICOH exerts its best efforts to pay attention to protection of privacy on RICOH Site and buckle down to the following.
This web site http://www.ricoh.co.nz (“The RICOH Web Site”) is created, owned, operated and maintained by or for RICOH New Zealand Limited (“RICOH”). Please read these terms and conditions of use (“Terms of Use”) carefully before accessing and navigating The RICOH Web Site. You may use The RICOH Web Site only if you agree to and accept these Terms of Use without limitation or reservation. RICOH may, at its sole and exclusive discretion, change, alter, modify, add, and/or remove portions of Terms of Use at any time by updating the contents of this page. You are advised to periodically visit this page and review the current revisions to our Terms of Use. RICOH at its sole and exclusive discretion, reserves the right to alter or discontinue The RICOH Web Site without prior notice.
Legal Notice
The materials on The RICOH Web Site are provided by RICOH as a service to its customers and may be used for informational purposes only. By downloading any materials from The RICOH Web Site, you agree to the Terms of Use. If you do not agree to them, do not use The RICOH Web Site or download any materials from it.
Disclaimers
Although RICOH has attempted to provide accurate information on The RICOH Web Site, RICOH assumes no responsibility for the accuracy of the information. RICOH may change the programs or products mentioned at any time without notice. Mention of non-RICOH products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
All information provided on The RICOH Web Site is provided “as is” with all faults without warranty of any kind, either expressed or implied. RICOH and its suppliers disclaim all representations and warranties, expressed, implied, statutory or otherwise including, without limitation, those of merchantability, fitness for a particular purpose and non-infringement or arising from a course of dealing, usage, or trade practice. RICOH makes no warranty as to the accuracy, reliability, suitability or currency of the information on The RICOH Web Site. RICOH and its suppliers shall not be liable for any direct, indirect, special, consequential, incidental, or exemplary damages including, without limitation, lost profits or revenues, loss of goodwill, costs of replacement goods, loss or damage to data or other intangible losses arising out of the use or inability to use The RICOH Web Site or any RICOH product, damages resulting from use of or reliance on the information present, even if RICOH or its suppliers have been advised of the possibility of such damages. RICOH and/or any of its affiliates shall not be liable for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
You are responsible for making all arrangements necessary for you to have access to The RICOH Web Site. You are also responsible for ensuring that all persons who access The RICOH Web Site through your internet connection are aware of these Terms of Use and that they comply with them.
The above does not affect RICOH’s liability for death or personal injury arising from its negligence, or its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The RICOH Web Site or these Terms of Use must be filed within 1 year after such claim or cause of action arose.
Limitation of Use
You acknowledge and agree that The RICOH Web Site and any necessary software used in connection with The RICOH Web Site (“Software“) contain proprietary and confidential information of ours that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through The RICOH Web Site or the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, reproduce, rent, lease, loan, sell, distribute or create derivative works based on The RICOH Web Site or the Software, in whole or in part.
You must not use any part of the materials on The RICOH Web Site for commercial purposes without obtaining a licence to do so from us or our licensors.
Use of materials on The RICOH Web Site shall NOT be interpreted as a comprehensive or partial grant and / or assignment of RICOH’s and / or any third party patent, utility model, trademark, trade name, service mark, copyright, design, trade secret or any other intellectual property right by RICOH or the third parties, even if you are using materials on The RICOH Web Site in accordance with these Terms of Use.
Access to The RICOH Web Site is permitted on a temporary basis, and RICOH may change and / or alter the contents of The RICOH Web Site, or may suspend or discontinue the services provided through The RICOH Web Site at any time without any prior notice. Neither RICOH nor any of its affiliates shall be liable for any damages arising out of any alteration or change of the contents or inability to use The RICOH Web Site.
Your Obligations
You agree that, when using The RICOH Web Site, you will provide true, accurate, current and complete information about yourself as prompted by The RICOH Web Site.
If you provide any information that is untrue, inaccurate, out of date or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, out of date or incomplete, we have the right to refuse any and all current or future use of The RICOH Web Site (in whole or in part).
Privacy Policy
To the extent that RICOH collects any personal information about you through The RICOH Web Site, RICOH will use that information for the purpose for which it was acquired in accordance with our Privacy Policy located at http://www.ricoh.co.nz/privacy.
Software Licence Agreement
All software that is made available on The RICOH Web Site (“Software“) is the copyrighted work of the respective owner(s) and is protected by copyright laws and other applicable laws and treaty provisions for each country throughout the world. Use of this Software is subject to the terms and conditions of each end-user license agreement between the owner of such software and the end-user thereof, copyright laws and other applicable laws and treaty provisions for each country throughout the world.
Any software which you download from The RICOH Web Site is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating or (iii) the license terms pursuant to clauses 81, and 83-87 of our standard terms of trade which can be found at http://www.ricoh.co.nz/terms.
Trademarks
The trademark “RICOH”, ricoh.co.nz, and any RICOH product names and logos used, quoted and/or referenced within The RICOH Web Site are trademarks or registered trademarks of RICOH or its related companies. You agree not to display or use such marks, logos and/or branding without our prior express written permission. Other company names and product names used, quoted and/or referenced in The RICOH Web Site may be protected as their respective trade name, trademarks or registered trademarks.
Prohibited Use
In using The RICOH Web Site, you must not:
- 1. do or knowingly permit any act or omission that would damage or disrupt The RICOH Web Site or anyone else’s use of it, or any provision of services;
- 2. use The RICOH Web Site:
- a. to infringe the legal rights (including the rights of privacy and publicity) of RICOH and/or others;
- b. to cause any damages or disadvantage to RICOH and/or others;
- c. to disturb public order;
- d. to do any criminal act;
- e. to upload false information including, but not limited to, other’s IP address and password;
- f. to use The RICOH Web Site for any commercial purpose;
- g. to abuse, defame, disgrace, threaten, stalk or harass RICOH and/or others ;
- h. for introducing any viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else’s, network or computer system;
- i. to breach copyright or other intellectual property rights held by us or anyone else;
- j. to send unwelcome communications of any kind to anyone (for example, spam or chain letters);
- k. to publish, post, upload or distribute any bad language or unsuitable, obscene or discriminatory information of any kind;
- l. for running any network scanning software, spiders, spyware software, robots, open relay software or similar software;
- m. for using any software or device which may hinder the services offered via The RICOH Web Site (like mail bombs, war dialling, pinging etc.);
- n. using a false identity to try to trick anyone for any reason,
- o. do any other activities that are unlawful or prohibited by any applicable laws
- p. do any other activities that RICOH deems inappropriate (collectively referred to as the Prohibited Uses).
Breach of these Terms of Use
- 1. When RICOH considers that you have breached these Terms of Use, RICOH may at its discretion take such action as it deems appropriate. Any carrying on of any Prohibited Use constitutes a material breach of these Terms of Use, and may result in RICOH taking all or any of the following actions:
- a. Immediate, temporary or permanent withdrawal of your right to use The RICOH Web Site.
- b. Issue of a warning to you.
- c. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- d. Further legal action against you.
- e. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
- 2. If you breach these Terms of Use by using The RICOH Web Site for a Prohibited Use, RICOH will have no obligation to fulfil any order you may have placed with RICOH and you accept that you will forfeit any money paid in the submitting of that order.
- 3. RICOH excludes its liability for all action it may take in response to breaches of these Terms of Use. The actions described above are not limited, and RICOH may take any other action it reasonably deems appropriate.
Your Indemnity
You agree to indemnify and hold RICOH and its officers, employees and contractors harmless from any claim or demand made by any third party or any damages, costs, losses (including, without limitation, exemplary damages, loss of profits or consequential loss) and expenses of any kind, whether direct or indirect, which arise from or in connection with any material or information you submit or transmit through The RICOH Web Site, your use of The RICOH Web Site, your connection to The RICOH Web Site, your breach of these Terms of Use, or your breach of any rights of any third party, or your act, omission or negligence.
Third Party Web sites
- 1. The RICOH Web Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the RICOH Web Site. You expressly agree that RICOH is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.
- 2. You agree that RICOH is not responsible for third party content accessible through The RICOH Web Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content.
- 3. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that RICOH is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the third party, including delivery of products or services and warranty obligations related to purchased products or services. You agree that RICOH is not responsible for any loss or damage of any sort that you may incur from dealing with a third party.
- 4. Third party Web sites (other than The RICOH Web Site) linked to or from The RICOH Web Site (“Linked Sites”) are independently operated and maintained by such third parties and are not under the control and/or supervision of RICOH. Use of a Linked Site shall be subject to the terms of use stipulated by the operator of each Linked Site. RICOH shall not be responsible for any loss, expense or damage, however caused, in connection with the use of any linked site and your access to any of the linked sites shall be at your own risk.
- 5. Nothing contained in the RICOH Web Site shall be interpreted as a recommendation and/or endorsement by RICOH of the contents of the Linked Sites and any products and/or services appearing on and / or provided through such Linked Sites. Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of the Linked Sites and RICOH.
- 6. RICOH’s prior permission is not required to link a third party’s web site to The RICOH Web Site, provided you do so in a way that is fair and legal and does not damage RICOH’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on RICOH’s part where none exists. This includes documents, images and other materials used, quoted and/or referenced within The RICOH Web Site. If a link is set up, please notify the administrator of The RICOH Web Site ([email protected]) of the URL and The RICOH Web Site administrator’s e-mail address. Please note that all information, including URL, documents, images and other materials available on The RICOH Web Site will continually be revised without prior notice.
- 7. You must not establish a link from any Web site that is not owned by you.
- 8. RICOH reserves the right to withdraw linking permission without notice.
- 9. The Web site from which you are linking must comply in all respects with these Terms of Use.
- 10. When copying or quoting The RICOH Web Site, please contact the administrator of The RICOH Web Site ([email protected]) in advance. RICOH reserves the right at its sole and exclusive discretion to refuse your request for copying or quotation.
Proposal and Offer
- 1. RICOH does not want to receive confidential or proprietary information from you through The RICOH Web Site. Please note that any information or material sent to RICOH will be deemed NOT to be confidential. RICOH shall not be obligated to examine, evaluate, and adopt such information or material.
- 2. By sending RICOH any information or material, you grant RICOH an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information or material, and you also agree that RICOH is free to use any ideas, concepts, know-how or techniques that you send RICOH for any purpose. Therefore, RICOH shall not be responsible for any loss, expense or damage including, but not limited to, payment of compensation, in connection with RICOH’s adoption of the information or material identical or similar to the information or material that you send RICOH.
RICOH will not release your name or otherwise publicize the fact that you submitted materials or other information to RICOH unless:
- • RICOH obtains your permission to use your name.
- • RICOH first notifies you that the materials or other information you submit to a particular part of The RICOH Web Site will be published or otherwise used with your name on it.
- • RICOH is required to do so by law.
International Control and Access
RICOH controls this site from its offices within New Zealand. RICOH makes no representation that materials in The RICOH Web Site are appropriate or available for use in other locations, where their content is illegal or prohibited.
Those who choose to access The RICOH Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export any material in violation of New Zealand export laws and regulations. Any claim relating to the material shall be governed by the internal substantive laws of New Zealand.
Notices
Notices to you may be made via either email or regular mail. The RICOH Web Site may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on The RICOH Web Site.
Competition and Giveaway Terms and Conditions
- 1. Competition and Giveaway prizes are given to a pre-determined number of entrants and selected by random draw (unless otherwise stated).
- 2. Entries received after the specified closing date will not be accepted. Proof of posting or emailing cannot be accepted as proof of delivery.
- 3. Every entrant warrants that all information submitted is true, current and complete. Ricoh New Zealand reserves the right to disqualify any entrant who does not comply with these terms and conditions.
- 4. Competitions and Giveaways are open to New Zealand residents, aged 18 years and over, unless otherwise stated. A person can only enter once and multiple entries will result in an entrant being disqualified.
Entries, selection, prizes
- 5. All reasonable attempts will be made to contact Competition and Giveaway winners using details provided on their entry forms. Should those attempts fail, another winner will be drawn or selected.
- 6. Prizes are not redeemable for cash, transferable to any other person and cannot be used in conjunction with any other offer or promotion.
- 7. If a prize or part of a prize becomes unavailable (for any reason), Ricoh New Zealand reserves the right to limit entry, cancel or amend the prizes at its own and sole discretion, including providing the winner with a substitute prize, either in full or in part.
- 8. Winners will be notified in advance if prizes are sent by courier. Couriers are instructed to have all prizes signed for on receipt. Failure to obtain a signature will result in the prize being returned to Ricoh New Zealand and another winner may be drawn/selected.
- 9. Ricoh New Zealand’s decision is final and no correspondence will be entered into.
Privacy
- 10. All entrants consent to participate and cooperate as required in all promotional activities relating to the Competition or Giveaway. Also, entrants agree to receive periodic email communications from Ricoh New Zealand (which can be unsubscribed from at any time).
- 11. Entry forms will not be returned. All information provided by the entrants will be collected, used, stored, disclosed and corrected in accordance with the Privacy Act 1993. All entrants have the right to access their information and request for any personal information to be corrected.
Exclusions
- 12. The following persons are not eligible to win any prize:
- a. Anyone under the age of 18 at the time of entering the Competition or Giveaway (unless otherwise stated).
- b. Anyone not resident of New Zealand at the time of the prize draw (unless otherwise stated).
- c. Anyone who works for Ricoh New Zealand or any affiliated Ricoh dealership, their immediate family members or any agencies or companies associated with the Competition or Giveaway.
- 13. Ricoh New Zealand reserves the right to exclude any entrant from participating at its sole discretion. Ricoh New Zealand also reserves the right to refuse to award a prize to an entrant who is in breach of these Terms and Conditions, gained an unfair advantage in participating or won by using fraudulent means.
- 14. Ricoh New Zealand will not be liable for any loss, damage, costs (for instance incurred in accepting or redeeming a prize) or any injury whatsoever suffered by an entrant as a result of or in connection with the Competition or Giveaway, including any inability to enter, complete or continue the competition or giveaway due to equipment or technical malfunction.
- 15. Ricoh New Zealand reserves the right to amend or change these Terms and Conditions at any time at its sole discretion, including extending, postponing or cancelling the Competition or Giveaway.
- 16. These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand Courts.
General Information
- 1. These Terms of Use constitute the entire agreement between you and RICOH and govern your use of The RICOH Web Site, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
- 2. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New Zealand.
- 3. The New Zealand courts will have exclusive jurisdiction over any claim arising from, or related to, The RICOH Web Site, although RICOH retains the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.
- 4. Nothing in these Terms of Use is intended to limit RICOH’s rights under any applicable law.
- 5. Any failure by RICOH to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
- 6. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
- 7. Neither you nor RICOH may assign or transfer any rights or obligations under these Terms of Use without the prior written consent of the other party, except that RICOH shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any related party.