Terms and Conditions of Use of Club Canon Website - Canon Hong Kong

Terms and Conditions of Use of Club Canon Website

Effective Date: 6 November 2023

1. Please read these terms and conditions carefully before using this Club Canon website ("this site", "our site").
2. This website is operated by Canon Hongkong Company Limited. Any references to "us" or "Canon" are references to Canon Hongkong Company Limited.
3. By using this site, you have accepted these Terms and Conditions of Use ("Terms and Conditions"). If you do not agree to these Terms and Conditions, please do not use this site. Canon reserves the right to amend, supplement, extend, renew, terminate and interpret these Terms and Conditions from time to time without notice.
4. Please note that this site is not directed at any data subjects in the European Union or mainland China. This site is directed for local users above the age of eighteen (18) in Hong Kong and Macau only. If you are under the age of eighteen (18), do not use this site unless your parent or guardian consent to and is able to abide by these Terms and Conditions before giving us your personal data. If we find out that you are under the age of eighteen (18) and we have not received consent from your parent or guardian to give us your personal data, we will take steps to delete your personal data.

Use of this Site

5. Use of this site and/or any materials on our site (collectively, "Materials") including but not limited to any intellectual property rights, external links, security, site updates and/or liability and indemnity etc. shall be subject to our latest Terms of Use which may be updated from time to time: https://hk.canon/en/consumer/web/terms-website

Your User Postings to this Site

6. You may submit information, text, photographs, videos, or other material (collectively, "User Postings") to this site in the following areas:-
   (a) 'Member's Gallery' - photos uploaded to Club Canon, if you choose to show your Member's Gallery to public.
   (b) 'My Gear' - the product list owned by you.
   (c) 'My Wish List' the products you wish to own.
   (d) 'Pro Advice' - Your submitted question, if it is answered by Canon.
7. Canon does not endorse any User Postings or any opinion, recommendation, or advice expressed therein, and Canon expressly disclaims any and all liability in connection with User Postings.
8. You agree that your User Postings will comply with our Terms and Conditions below.
9. By submitting User Postings to this site, you represent and warrant that the User Postings is your original work, that the User Postings do not violate any agreement between you and a third party, and that the User Postings shall not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, defamation or privacy. You agree that you will, at your own expense, defend, indemnify, and hold harmless Canon and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, legal fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your representations or warranties herein.
10. Canon may refuse or remove any User Postings that, in its sole judgment, violates these Terms and Conditions. Canon has the right, but not the obligation, to monitor this site for inappropriate content. You are solely responsible for any User Postings you post on this site.

Content Guideline

11. You agree not to submit, upload or post any User Postings to this site which (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, harmful to minors, or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, infringement of copyrights, patents, trade secrets, trademarks, trade names or other proprietary right of a third party; (3) falsifies or deletes author attributions, legal notices or other proprietary designations; (4) violates any law or regulation; (5) constitutes or encourages conduct that could constitute a criminal offence, under any applicable law or regulation; (6) contains viruses, corrupted files, or other materials that may cause damage to another's computer, (7) advertises or otherwise solicits funds or sales of goods or services, or which disseminates any junk mail, spam, chain letters, schemes or other form of such solicitation, (8) is false, deceptive, or misleading; (9) impersonates any person or entity including, but not limited to, a Canon employee; or (10) violates applicable Hong Kong or foreign law, treaty, regulation or convention related to privacy, publicity, data protection, electronic communications or anti-spamming.

Account Registration and Security

12. You need to create a Club Canon account and log in your account to access this site. When creating your account, you must provide accurate and complete information. You are solely responsible for any and all uses of your account, and you must keep your password secure. You must never use the account of another user. You must notify Canon immediately if you suspect any unauthorized use of your account. Although Canon will not be liable for any unauthorized use of your account, you may be liable for the losses of Canon or others due to such unauthorized use.

Termination and Suspension of Account

13. Canon has the sole and absolute discretion to terminate or suspend your account without giving reasons thereof. Circumstances which may lead to termination of account include but are not limited to suspected illegal or dishonest activities and breach of these Terms and Conditions etc.

Warranty Disclaimer and Limitation of Liability

14. All contents on this site are provided solely for recreational and promotional purposes. Your use and browsing of this site is at your own risk. The contents could include inaccuracies or other errors.
15. All contents on this site are provided to you "as is" and “as available” basis without representations or warranties of any kind and all warranties, terms or conditions (express or implied, statutory or otherwise including but not limited to any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free) are expressly excluded. Canon does not warrant that use of this site will be uninterrupted or error-free, that defects will be corrected, or that our site or the server that makes it available are free of viruses or other harmful components. You are responsible for taking all necessary precautions to ensure that any content you may obtain from this site is free of viruses or other harmful code. Canon does not warrant or make any representations regarding the correctness, accuracy, or reliability of any content available through this site. You are responsible for verifying any information before relying on it.
16. In no event shall Canon, its officers, directors, employees, or agents, shall be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or through our site by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content made available via this site, and/or (vi) any other losses arising out of the use of or inability to access our site. It shall be your responsibility to make all necessary copies and backups of any information obtained or available from our site. Accordingly, you agree not to bring a claim of any nature against Canon in relation to your use of or access to our site except where such a claim cannot be excluded by law. You acknowledge and agree that Canon will have the right (subject to the discretion of the Court) to a stay of proceedings if you bring any claim against Canon in breach of the foregoing.
17. Canon is not responsible for and shall not be liable for any loss or damage caused by any problems, technical malfunction or security loophole of any communication network, computer hardware or software or internet system; or due to any mistake made or actions by you related to Club Canon.
18. Canon shall not be liable to you for any loss, damage, cost and/or expense directly or indirectly suffered by you (including but not limited to, loss of profit, loss of saving, loss of goodwill, loss of revenue or loss of contract incurred by you, whether anticipated or actual, or any special indirect or consequential damages of any nature whatsoever) or any action, claim and proceeding taken against you by any third party or parties in connection with, incidental to and consequential upon the performance of Canon and/or its employees and/or its independent contractors and/or its collaborating partners in relation to Club Canon. Notwithstanding anything to the contrary, to the extent permitted by law, Canon’s total aggregate liability in contract, tort, equity or otherwise for any direct loss or damage arising out of or in connection with Club Canon shall be limited to HK$100.
19. You specifically acknowledge that Canon shall not be liable for User Postings or the defamatory, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. In the event that you have any dispute with one or more other users of this site, you irrevocably release Canon, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
20. The foregoing warranty disclaimer and limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and will survive these Terms and Conditions and your use of this site.

Indemnity

21. You agree to defend, indemnify and hold harmless Canon, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to this site; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right etc; or (iv) any claim that one of your User Postings caused damage to a third party. This clause will survive these Terms and Conditions and your use of this site.

Personal Data

22. To participate in Club Canon, you acknowledge and agree to the collection, use, storage, transfer and/or processing of your personal data by Canon for the sole purpose related to Cub Canon. Personal data involved is limited to your name, contact number, email address, (optional) birthday month, (optional) age range and/or any other reasonable personal data for the sole purpose related to Club Canon.
23. Your personal data collected under Club Canon will be used by Canon for one or more of the following purposes when permitted by applicable laws:
    (a) For notifying and following up with the members, dealing with the members’ enquiries, arranging insurance for the members (if applicable), keeping record, confirming and/or updating relevant arrangement and verifying the members’ identity;
    (b) For creation, processing and maintenance of the members’ enrollment and redemption record for the administration and monitoring of Club Canon and/or redemption process of any promotional gifts;
    (c) For statistical and analytical purposes;
    (d) Where members who are Hong Kong residents holding valid Hong Kong identity card and have given prior written consent to receiving direct marketing messages from Canon, Canon may share updates and communications that may be of interest to members and/or personalizing members’ customer experience with Canon; and
    (e) Any other legitimate purposes as may be required under the applicable laws.
24. Canon (and/or through its service provider(s)) may take photo(s) and/or video(s) of certain activities of Club Canon (including but not limited to certain photography class(es)) for record purposes and/or promotion of future events and/or products and/or services. By participating in Club Canon and the activities, you consent to be captured in photos and/or videos (“Photos and Videos”). You hereby permit Canon and/or its affiliated companies and/or service providers to use, edit, modify, reproduce, publish and/or disseminate any such Photos and Videos by any means, in any manner and on any platform that Canon thinks fit for any purposes including but not limited to for Canon’s internal records, marketing and promotional purposes, including but not limited to, Canon’s websites, social media platforms (e.g. Facebook & LinkedIn) and/or other publications, whether within or outside of Hong Kong.
25. Your participation in Club Canon and agreement to the collection, use, storage, transfer and/or processing any personal data is voluntary and independent. If you do not provide sufficient information, you may not be able to join Club Canon or Canon may not be able to provide you with some of the services mentioned above. The personal data you provided is mainly for use within Canon but the information may also be disclosed by Canon to other third parties for the purposes stated above, if required. Canon will treat the personal data provided by you in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”) and our privacy policy (https://hk.canon/en/consumer/web/privacy-policy) amended from time to time. If you would like any further information regarding our policies and practices or like to exercise your rights under PDPO, please refer to our privacy policy.
26. Any personal data provided to Canon may be processed, accessed, stored and/or transferred outside Hong Kong and/or Macau and/or to Canon’s affiliates or third party service providers including but not limited to cloud server providers situated outside Hong Kong and/or Macau. Such locations may offer a different level of protection of personal data. If Canon transfers your personal data outside Hong Kong and/or Macau, Canon will make sure to protect your personal data by applying the level of protection required under applicable data privacy laws

General Provisions

27. Materials are presented solely for promotional purposes in Hong Kong. Canon's products are available in many parts of the world. However, our site may describe products that are not available worldwide. Canon does not warrant or represent that Materials are appropriate or available for use in other locations. You are responsible for complying with local laws, if and to the extent local laws are applicable.
28. Any failure or delay by Canon to exercise or enforce any right under these Terms and Conditions shall not be deemed to be a waiver of that right or operate to bar the exercise or enforcement of it at any time or times thereafter.
29. These Terms and Conditions shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any Terms and Conditions is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining Terms and Conditions shall not be affected.
30. This is the entire agreement between us relating to your use of this site. These Terms and Conditions may not be modified by you, in writing or otherwise.
31. These Terms and Conditions shall be governed by and construed according to the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
32. In case of any dispute, Canon reserves the right of final decision.
33. These Terms and Conditions are prepared in English and the Chinese translation is provided for reference only. In case of any inconsistency or ambiguity, the English version shall prevail.