Article 1: Appliance of “Terms”
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By using and/or accessing to the pages (the “Service”) in this Website and/or the Subsites, you are deemed to agree to the Terms. Fujitsu General Group provides the Service to you subject to the Terms, which may be updated by the Fujitsu General Group from time to time without notice to you. You can review the most current version of the Terms at any time at: http://www.fujitsugeneral.com.au/terms-of-use.html. If you do not agree, you shall not use this Website and/or the Subsites, and shall immediately stop the use. To the extent that any provision of these Terms conflict with the Subsite’s terms, the Subsite’s terms prevail.
Article 2: Cost and Expense
You are responsible for obtaining access to the Service and that access may involve third party fees (such as to Internet service providers or airtime charges). You are responsible for those fees. In addition, you shall provide and be responsible for all equipments necessary to access the Service. You may be free to select any equipment and way necessary to access the Service without the concern of the Fujitsu General Group.
Article 3: Compliance with Local Laws
Those who choose to access this Website and/or the Subsites from locations other than Australia may do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable.
Article 4: Availability of Products
The products and services displayed on this Website and/or the Subsites may not be available for purchase in you particular country or locality. The reference to such products and services on this Website and/or the Subsites does not imply or warrant that these products or services will be available at any time in your particular location. You shall check with your local authorised Fujitsu General Group representative for the availability and price of specific products and services in your area.
Article 5: Ownership of Rights and Limitation of Use
All contents (including, without limitation, information, material, data, text, photographs, picture, images, music, audio, and sound whatsoever), software and document whatsoever (the “Content(s)”) on this Website and/or the Subsites and all copyrights, trademarks, product names, logos, service marks and any other intellectual property rights related to these contents are owned by Fujitsu General Group or the owner of such contents. Except to the extent expressly permitted by applicable law, no contents on this Website and/or the Subsites may be used, copied, modified, translated, distributed or otherwise utilised without the prior written consent of Fujitsu General Group or the owner of the contents. To the extent that any provision of these Terms conflict with the terms and conditions regarding software (“Software Terms”) on this Website and/or the Subsites, the Software Terms prevail.
Article 6: Trademark
“Plasmavision” and “trademark of Plasmavision â€œare the registered trademark of Fujitsu General Limited in Japan , U.S.A. and other countries. “nocria” is the registered trademark of Fujitsu General Limited in Japan , U.S.A. and other countries. The trademarks, product names, logos and service marks (the “Trademark(s)”) used within this Website and/or the Subsites are owned by Fujitsu General Group or the owner of the Trademarks. Except to the extent expressly permitted by applicable law, no Trademark may be used, copied, modified, translated, distributed or otherwise utilised without the prior written permission of Fujitsu General Group or the owner of the Trademarks.
Article 7: Links from Other Sites
Article 8: Link from this Website and/or Subsites to Other Sites
The Service may provide links to other World Wide Web sites or resources. Because Fujitsu General Group has no control over such sites and resources, you acknowledge and agree that Fujitsu General Group is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any contents, advertising, products, or other materials on or available from such external sites or resources. You further acknowledge and agree that Fujitsu General Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such contents, goods or services available on or through any such site or resource. Nothing contained in this Website and/or the Subsites shall be interpreted as a recommendation and/or endorsement by Fujitsu General Group of the contents of the linked sites and any products and/or services appeared 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 Fujitsu General Group. Viewing of any site other than this Website and/or the Subsites is at your own risk in accordance with (i) applicable law, rule, regulations of any government (including without limitation, any subdivision, agency, instrumentality thereof whatsoever) and (ii) the terms and conditions specified in such sites.
Article 9: Proposal, Transmitted Materials
Any materials, information, or ideas that you transmit to or post to the Website or the Subsites (the “Transmitted Material(s)”) is deemed non-confidential and non-proprietary. Fujitsu General Group has no obligations and/or responsibility (i) to maintain confidentiality of the Transmitted Material, (ii) to study, evaluate, or utilise the Transmitted Material, and/or (iii) to compensate in any way the submitter or any third party even in the event that a product or service similar in whole or in part to the suggestions, ideas, etc., submitted is announced or released by Fujitsu General Group. Fujitsu General Group may freely use at its discretion the Transmitted Material. In addition, you may not exercise copyright or any other rights regarding the Transmitted Material.
Article 10: Termination
Fujitsu General Group or you may terminate the Terms at any time. The Terms are effective eternally unless Fujitsu General Group or you terminate the Terms. You may terminate the Terms by destroying: (a) all materials obtained from this Website and/or the Subsites, and (b) all related documentation, versions, installations and copies of the Contents. Fujitsu General Group may terminate the Terms immediately without notice if, in its sole judgment, you breach any term or condition of the Terms. Upon termination of the Terms, you shall destroy all related materials, documentation, versions, installations and copies of the Contents.
Article 11: Export Control Regulations
Fujitsu General Group makes no representation that the Contents in this Website and/or the Subsites are appropriate or available for use in the location in which you are situated. Accessing the Contents from territories where its Contents are illegal is prohibited. You agree that by using or accessing to this Website and/or the Subsites, you do so on your own initiative and you are responsible for compliance with the applicable local laws, rule and regulations. The Contents are subject to export control laws, regulations and other applicable laws of Australia and/or other countries. Any diversion or re-export contrary to, or in any violation of, export control laws, applicable laws and regulations and other applicable laws of Australia and/or other countries is prohibited.
Article 12: Limitation of Liability
FUJITSU GENERAL GROUP WILL USE REASONABLE EFFORTS TO PLACE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE AND/OR THE SUBSITES BUT MAKES NO WARRANTY OF ITS ACCURACY, COMPLETENESS AND/OR TIMELINESS. THE CONTENTS ON THIS WEBSITE AND/OR THE SUBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS). FUJITSU GENERAL GROUP DOES NOT WARRANT THAT THE CONTENTS ARE ERROR-FREE. FUJITSU GENERAL GROUP SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSSES, LOST PROFITS, LOST REVENUES, OR LOST DATA) ARISING OUT OF AND/OR RELATING TO THE ACCESS TO OR INABILITY TO ACCESS TO THIS WEBSITE, THE SUBSITES OR LINKED SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Fujitsu General Group may change and/or alter the any or all Contents of this Website and/or the Subsites, including, without limitation, its structure, usage conditions, URL, and content or other information of this Website and/or the Subsites, and may suspend or discontinue the Service at any time without any prior notice. FUJITSU GENERAL GROUP SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF AND/OR RELATING TO ANY ALTERATION OR CHANGE OF THE CONTENTS OR INABILITY TO USE THIS WEBSITE AND/OR THE SUBSITES.
Article 13: Applicable Laws and Court of Jurisdiction
Except where otherwise stipulated, the laws of Australia shall be applied to the use of this Website and/or the Subsites and the implementation of the Terms. Except where otherwise stipulated, you hereby irrevocably consent to the exclusive jurisdiction of the Tokyo District Court in any and all disputes, controversies or differences arising out of and/or relating to this Website and/or the Subsites.
Article 14: Entire Agreement
The Terms constitute the entire agreement between you and Fujitsu General Group and govern your use of the Service, superseding any prior agreements between you and Fujitsu General Group.
Article 15: Waiver and Severability of Terms
The failure of Fujitsu General Group to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 the Terms remain in full force and effect.