Exclusions

Excluded Products from Nikon.com.au Promotions

YOU SHOULD BE AWARE OF SEVERAL KEY TERMS

These Terms and Conditions are important and you should read them carefully.  There are, however, specific terms that we want to draw to your attention:

Limitation of our liability:  Except for any liability under the Australian Consumer Law or any other liability that cannot be excluded, the Promotor's liability to you is excluded or limited in certain circumstances including in respect of any application for a Reward that is late, lost, altered, damaged or misdirected for any reason beyond the reasonable control of the Promotor (see paragraph 41 for further details).

This summary is not a substitute for reading and understanding the Terms and Conditions, and it is not intended to substitute, expand or amend them.  Please contact us if you have any questions.

At Nikon.com.au, we strive to provide our valued customers with the best offers and promotions to enhance their photography experience. To ensure transparency and clarity, we have implemented a policy that certain products may be excluded from these promotional offers. We kindly request our customers to review the following terms and conditions regarding excluded products .

 

Exclusions

Below is a comprehensive list of products that are currently excluded from promotions can be found on our website. This list is regularly updated to reflect any changes or additions. Please refer to the list to determine which products are currently excluded.

Subject to Change

The list of excluded products is subject to change without prior notice. We constantly evaluate our offerings to bring you the latest and most innovative products. Therefore, it is essential to check the exclusion list periodically to stay informed about any modifications.


Eligibility

Promotions and discounts may not be applicable to products that fall under the excluded category. While we strive to provide promotional opportunities for a wide range of products, certain items may be exempted due to manufacturer restrictions, product availability, or other factors beyond our control.


Excluded Products: March 2024

Please note, this promotion excludes the products listed below. Excluded products are subject to change without notice.

NIKKOR Z 58MM F/0.95 S NOCT - JMA002DA

NIKKOR Z 400MM F/2.8 TC VR S - JMA501DB

NIKKOR Z 600MM F/4 TC VR S - JMA504DB

NIKKOR Z 28-400MM F/4-8 VR - JMA722DA

Rental Products, Workshops, Software, Refurbished and second-hand products are not included in this promotion and therefore not eligible for any promotional rewards.

  

General matters

 

1. These Terms and Conditions are governed by the laws of New South Wales.

 

2. Any cost associated with accessing the Promotion website is the Participant's responsibility and is dependent on the internet service provider. 

 

3. To the extent that any term or condition of this Promotion is void or prohibited by law it shall be severable and the balance of the Terms and Conditions shall be subject to all relevant legislative requirements, including, without limitation, federal, and states laws and regulations. 

 

Force Majeure 

4. For the purpose of these Terms and Conditions, a "Force Majeure Event" means an event, or factors, occurring that is outside the control of the Promoter and therefore effects its ability to undertake performance in accordance with these Terms and Conditions. 

 

5. A Force Majeure Event includes riots, acts of God (natural disaster, earthquake), global pandemic, act of war, hostilities, terrorism, civil disorder, and / or other unforeseeable circumstances beyond the control of the Promoter, against which would have been unreasonable to take precaution and which the Promoter cannot avoid.

 

6. Where the Promotion is postponed or cancelled because of consequences resulting from a Force Majeure Event and the Promoter is not capable of fulfilling its obligations, the Promoter reserves the right, in its sole discretion to:

  a. Suspend the Promotion to a later date: or

  b. Terminate the Promotion.

And any such suspension or termination shall be subject to relevant state regulations.

 

7. The Promoter is not deemed to be in breach of its obligations within these Terms and Conditions nor shall the Promoter incur any liability to any Participant for any losses and damages, of any nature whatsoever, incurred or suffered because of, or actions imposed, by the Force Majeure Event.
 

Definitions:

 

AEDT means Australian Eastern Standard Time. 

AEST means Australian Eastern Daylight Time.

'Australian Consumer Law‘ has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);

‘Consumer‘ has the meaning given to that term in section 3 of the Australian Consumer Law;

‘Losses‘ means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise; 

'Participant' means any person who applies for a Reward through the Promotional Website, or who has accessed or entered details into the Promotional Website for the purposes of viewing available Rewards or applying for a Reward.

‘PDH Goods or Services‘ means goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption; and

'Promoter' means Nikon Australia Pty Ltd (ABN 34 121 761 537).

'Promotion' means the promotion described in these Terms and Conditions.

'Promotional Website' means the part of the website maintained by or on behalf of the Promoter which relates to the Rewards and is available at nikonpromotions.com.au (or any replacement web page from time to time). 

'Qualifying Product' means a product specified on the Promotional Website as a product to which a Reward applies.

'Reward Criteria' means the criteria that a Participant must fulfil under clause 7 and any other reasonably required criteria the Participant must satisfy from time to time.

'Rewards' means the physical or digital Prepaid Mastercard described in clause 16 that may be offered by the Promoter to eligible Participants from time to time and which are described by the Promoter as ‘Rewards’ or which are otherwise described by the Promoter as being offered under these Terms and Conditions.