Terms & Conditions

Applicable from November 24th, 2025

These Terms and Conditions form the agreement between the customer (you and your) and Nikon Australia Pty Ltd ABN 34 121 761 537 (Nikon, we, us and our). These Terms apply to your access to and use of our Nikon Store websites (which can be found at www.nikon.com.au and the functionalities therein (Websites) and to the ordering, purchase and delivery of Products from the Website. Additionally:

(a) our Privacy Policy at https://www.nikon.com.au/privacypolicy applies to our use of your Personal Information;

(b) if you rent equipment from us, our Rental Terms at https://www.nikon.com.au/nikon-rental-terms-conditions will apply; and

By accessing the Website and/or submitting an Order, you agree to be bound by, and to abide by, these Terms and Conditions. If you do not agree to these Terms and Conditions, then you must stop using the Website (including any content available on the Website and any services offered on the Website).

Amendments and Further Assistance

Nikon reserves the right in its sole and absolute discretion to modify the Terms and Conditions:

(a) by posting an updated version of the Terms and Conditions on the Website. The updated Terms and Conditions will apply to orders placed and use of the Website on and from the date the updated Terms and Conditions are posted; and

(b) if you are a Member, or you have otherwise agreed to receive communications from us via email, by reasonable notice of no less than 14 days via the email address which you gave us to receive email communications from us.

If these Terms and Conditions are amended, you must comply with the updated Terms and Conditions. You agree that your continued use of the Website after such amendment constitutes acceptance of the amendments and evidences your agreement to abide by and be bound by such modifications. As such, Nikon recommends and advises that you regularly check these Terms and Conditions for any amendments.

If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre on 1300 401 200 or email us at service.nau@nikon.com, and one of our representatives will be happy to assist you

You should BE AWARE OF SEVERAL key terms

These Terms and Conditions, including any additional terms or Website Policies, form the agreement between you and Nikon. The Terms and Conditions apply to use of our Nikon Store website and ordering, purchase and delivery of our Products. In this summary we outline some of the key terms that apply to you, including terms regarding the supply of our Products to you. This summary is designed to assist you by disclosing certain terms that affect you. However it is not a substitute for reading and understanding the Terms and Conditions. Please contact us if you have any questions.

Your information and data

Nikon collects personal information about you that is necessary for us to perform our functions and to provide you with a better service, including to process orders made by you, communicate special offers, run competitions, conduct market research, provide you with information via our Chat Functionality and to comply with Nikon's legal obligations. Our use of your personal information is detailed further in our Privacy Policy (which can be found at https://www.nikon.com.au/privacypolicy).

To use the Website, you will need to grant Nikon certain permissions and access to your Device. This includes, for example, enabling the Website to use cookies. Nikon may collect personal information and data relating you from your use of the Website and disclose such information and data to third parties in accordance with the Terms and Conditions, Nikon's Privacy Policy and applicable laws.

Key points from Nikon's Privacy Policy include:

Disclosure of personal information: Nikon may disclose your personal information internally within the Nikon Corporation group of companies, to our service providers (eg IT service providers and marketing agencies) which may be located outside of Australia, and to anyone else to whom you authorise us to disclose your personal information. Within Nikon, only designated Nikon employees or agents who need to carry out legitimate business functions for Nikon are permitted to view personal information and are bound by strict confidentiality guidelines.
Use and disclosure of credit information: Nikon may disclose your credit information for the purpose of assessing your application for credit, managing your relationship with us and collecting overdue payments. Nikon may disclose your credit information internally within the Nikon Corporation group of companies, credit reporting bodies, Nikon's credit insurers and Nikon's insurance brokers. Nikon may be entitled to disclose to a credit reporting body if you fail to meet your consumer credit obligations or if you commit a serious credit infringement.

We will not otherwise sell or distribute your personal information to third parties unless we have your consent (or are required by law to do so). However, you should be careful when posting content on the Website as it is considered public and Nikon is under no obligation of confidentiality regarding content you post.

For further information please consult Nikon's Privacy Policy at https://www.nikon.com.au/privacypolicy.

Limitations of our liability

Nikon's liability to you and certain third parties is limited under the Terms and Conditions, unless caused or contributed to by Nikon's negligence or wrongful conduct. These limitations of liability generally apply where Loss or liability:

is caused by your act, omission or breach of the Terms and Conditions (e.g. a failure by you to advise us of any change to your details, or to notify us if you believe your account has been breached);
is caused by circumstances outside Nikon's reasonable control (e.g. due to force majeure events or where Nikon is unable to achieve anticipated delivery timeframes due to factors beyond its control);
is caused by general risks associated with using the Internet, such as threats posed by viruses;
relates to the reliability or performance of the Website (e.g. if you are unable to access the Website due to a slow internet connection or there are too many users trying to access the Website);
is due to terminating your access to the Website or Membership under the Terms and Conditions;
is caused because of any delay in the delivery or change in delivery times of the Product(s); or
is due to any delay in processing a refund due to you.

To the extent permitted by law (including under the Australian Consumer Law and the Consumer Guarantees), Nikon excludes all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom. If you are a Consumer acquiring goods or services that are not PDH Good or Services, we limit our liability for a failure to comply with any Consumer Guarantee (except if that would cause all or part of this clause to be void) to, at our option:

· for goods, repairing or replacing the goods or paying for them to be repaired or replaced; and

· in the case of services, re-supplying the services or paying the cost of having the services re-supplied.

Your liability

Any transactions on the Website under your Membership ID are binding, subject to clause 5.4 below. For this reason, you must:

· keep your Membership ID and password secure and confidential at all times; and

· promptly notify us if you have reason to believe that there has been a security breach of your account.

You will be liable for any charges incurred by us that are caused by your failure to state the Delivery Address correctly (e.g. redelivery fees). If we do not receive your payment before the Product is delivered to you, we may reclaim the Product from you even if it has been delivered to you, and we may keep or re-sell the Product.

Termination of access

Nikon may suspend or terminate your Membership account, or remove your access to the Website (on reasonable notice to you, except in cases of serious breach, fraud, or where immediate action is necessary to protect Nikon or other users), for the following reasons:

· if you have breached these Terms and Conditions;

· if you have committed any act or omission which (a) has resulted or may result in Nikon incurring any liability; (b) causes or may cause damage to Nikon's reputation; (c) has or may have a negative impact on any other Member(s); or

· if Nikon decides to change its My Nikon Life offering and it is reasonably necessary to suspend or terminate your Membership account or remove your access to the Website for it to do so.

Nikon may ask you to cease any conduct that is contrary to your obligations under the Terms and Conditions, and you must promptly comply with our request. If you fail to do so, we may terminate and block your access to the Website or the services provided by the Website. Nikon also has the right to monitor, edit, disclose, delete and refuse to transmit or post any content submitted or published using the Website.

Modifications to Terms and Conditions

You should regularly check these Terms and Conditions for any amendments. Nikon may modify the Terms and Conditions as outlined above (refer to 'Amendments and Further Assistance' section above) . You agree that your continued use of the Website after such amendment takes effect as outlined above constitutes acceptance of the amendments.

1. Definitions

1.1 Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.

1.2 Business Day means any day other than a Saturday, Sunday or public holiday in Sydney (NSW).

1.3 Chat Functionality has the meaning given in clause 25.1.

1.4 Confirmation Email has the meaning given in clause 15.4.

1.5 Consumer has the meaning given in section 3 of the Australian Consumer Law.

1.6 Consumer Guarantees has the meaning given in clause 18.1.

1.7 Content means all and any data, information, articles, films, materials, sound recordings or images that Nikon, you, other users and/or a 3P Service Provider (defined below) posts, uploads or transmits on or through the Website (including without limitation all Intellectual Property rights that such items contain).

1.8 Delivery Address has the meaning given in clause 16.1.

1.9 Device means your own internet-enabled device that is compatible with the Website and has a current and working internet connection.

1.10 Intellectual Property means all intellectual property rights, registered or unregistered, and related rights, including but not limited to, copyright, patents and trade marks.

1.11 Loss means any liabilities, losses, damages, costs and expenses (including properly and reasonably incurred legal costs and expenses) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning.

1.12 Member means a member of My Nikon Life.

1.13 Membership means membership of My Nikon Life.

1.14 Membership ID means the My Nikon Life user ID that is created upon registration of Membership.

1.15 My Nikon Life means the online photography community for enthusiast and professional photographers from Nikon Australia, accessible using the address https://nikonaustralia.force.com/loginportal/Nikon_Login_Redirect.

1.16 Nikon Group means Nikon and any of its present or former related bodies corporate (as that term is defined in section 50 of the Corporations Act 2001 (Cth)).

1.17 Order means an offer made by you to purchase any Products available on the Website.

1.18 Order Date has the meaning set out in clause 15.4.

1.19 PDH Good or Services has the meaning set out in clause 18.2(a).

1.20 Privacy Policy means our privacy policy, as amended from time to time and published on the Website accessible using the address www.nikon.com.au/privacypolicy (or any replacement web page notified to you from time to time).

1.21 Product(s) means any and all goods and services advertised, sold, distributed and promoted by Nikon or any third party on the Website.

1.22 Rental Terms means the terms and conditions governing the hiring and use of equipment offered for hire by Nikon on the Website accessible using the address https://www.nikon.com.au/nikon-rental-terms-conditions (or any replacement web page from time to time).

1.23 Returns Policy means our returns policy, as amended from time to time and published on the web page accessible using the address www.nikon.com.au/returns (or any replacement web page from time to time).

1.24 Website has the meaning given in the first paragraph of these Terms and Conditions.

1.25 Website Policies means the Privacy Policy, Rental Terms and Returns Policy.

1.26 3P Service Provider has the meaning given to it in clause 25.6.

2. Scope of Terms and Conditions

2.1 You agree to comply with and observe all applicable laws, regulations, codes of practice and directives including without limitation the laws of Australia in connection with your access to, and your use of, the Website.

2.2 These Terms and Conditions are applicable to the Website, but not necessarily to other Nikon websites. You should read the terms and conditions of any other Nikon website you visit from time to time.

2.3 Every Order you place with us on the Website will constitute a separate and binding agreement, in accordance with these Terms and Conditions, between you and Nikon.

2.4 The Website is intended for use within Australia only. Nikon makes no representation that the Content contained herein is appropriate or available for use in other locations/jurisdictions outside Australia.

3. Licence

3.1 Except in relation to the Chat Functionality and subject to clause 24, we grant you a revocable, non-transferable, non-exclusive licence to use the Website on your Device for your own purposes, and to download and print out a copy of the Content for your own personal use.

3.2 Subject to our own right to do so, we grant you the right to use the Chat Functionality available on our website, subject to the 3P Service Provider's terms (available at https://www.chatbot.com/legal/for-clients/). All Intellectual Property rights in the Chat Functionality belong to the 3P Service Provider.

3.3 You must not (and must not attempt to):

(a) except as permitted by the licence set out above, use or copy any part of the Website without our prior written consent, which must not be unreasonably withheld;

(b) distribute, translate, modify or tamper with, any part of the Website;

(d) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms and Conditions; or

(e) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.

3.4 If you post, upload or transmit Content to the Website, then:

(a) to the extent that content consists of Inputs, you will comply with clause 25 in relation to those Inputs; and

(b) for Content other than Inputs:

(i) you grant us an irrevocable, non-exclusive licence to use and reproduce that Content, to publish on (and communicate through) the Website the Content that you post or upload to be published on the Website, and to grant the licence in clause 3.1 to other users in respect of that Content; and

(ii) you will comply with the promises given in clause 25.4 in respect of that Content as if that content was an Input.

4. Use of Website as a Member or a guest

4.1 You may access and use the Website as a guest or as a Member of My Nikon Life. If you are hiring any equipment under the Rental Terms, you must do this under a Membership account. Clauses 4.3 to 5.4 and clause 22.1 apply to Membership only and do not apply to persons who wish to use the Website as a guest only.

4.2 To obtain Membership, you must be aged eighteen (18) years or older, or obtain the consent of a parent or guardian. Persons under the age of eighteen (18) are not permitted to place an order for Products on the Website.

4.3 To become a Member of My Nikon Life, you must register a Membership account at https://nikonaustralia.force.com/loginportal/Nikon_Login_Redirect and comply with the Membership requirements described in these Terms and Conditions. You must provide accurate and complete details of yourself, including your name, address, telephone number and a valid email address.

4.4 Membership is only effective when your online registration is accepted and communicated to you by Nikon via an email acknowledging the new Membership. You will receive a Membership ID and will be required to create a password. We may decline to provide you with a Membership ID or a password or to permit you to register a Membership ID or a password for the Website in our reasonable discretion.

4.5 You may use your My Nikon Life Membership ID and password for your transactions on the Website.

4.6 My Nikon Life Members must be individual persons and not corporate entities.

4.7 One Membership is allowed per person.

4.8 Membership is strictly area specific and intended for users residing in Australia only. If, at any time, you are no longer residing in Australia, please inform Nikon promptly by emailing us at service.nau@nikon.com or calling us at our Customer Service Hotline1300 401 200. Nikon will reply to you with details of how your Membership may be affected or terminated by Nikon.

5. Membership account security

5.1 Membership is non-transferable.

5.2 You must keep your Membership ID and password secure and confidential, and you are responsible and liable for any activity on your Membership account as if that activity was by you. This includes but is not limited to any and all Products purchased under your Membership ID.

5.3 Subject to clause 5.4 below, any transaction or use of the Website under your Membership ID which is authenticated by your password will be deemed to be undertaken by you, on your behalf or as your agent, with due authorization from you at all times. Any transaction made on the Website under your Membership ID is binding on you.

5.4 You must promptly notify Nikon (by email to service.nau@nikon.com, by contacting our Customer Service Hotline on 1300 401 200 or by filling out the contact form at https://www.nikon.com.au/contact-us) if you have reason to believe that there has been a breach of the security of your Membership account, including but not limited to loss, theft or unauthorized disclosure or use of your Membership ID or password. To the maximum extent permitted by law, Nikon will not be liable for any loss or damage arising from your failure to comply with your obligations under this clause 5. Until Nikon receives notice of a breach of security of your Membership account and Nikon has a reasonable opportunity to process such a notice, you remain fully liable for any transactions made under your Membership ID.

6. Information you are required to provide

6.1 You are required to provide accurate and complete information about yourself when requested in order to obtain Membership or otherwise purchase Products from the Website. Failure to do so may result in our inability to provide requested services or information accurate to your circumstances, or otherwise provide the purchased Products. You may update the information you have submitted online from time to time via the Website by updating your Membership Account or otherwise by contacting Nikon by phone at 1300 401 200 or emailing us at service.nau@nikon.com.

6.2 You must promptly inform Nikon if any of your contact or other details which you register with us change, including but not limited to:

(a) your home address;

(b) your contact number; and

6.3 Nikon is not responsible or liable for any Loss resulting from any failure by you to advise Nikon of any change to your personal details.

7. Use of the Website

7.1 You must provide your own internet access and Device in order to use the Website. You are responsible for all internet access, data download and other network charges arising from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges.

7.2 You are responsible for the operation and maintenance of your Device and for ensuring that the Website is accessible from your Device.

7.3 We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Website. However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content, acting reasonably.

8. Performance of the Website

8.1 We will use reasonable endeavours to make the Website available during our normal business hours. However, the availability of the Website depends on third party suppliers, and accordingly, we do not warrant or guarantee that:

(a) you will be able to use the Website at any time; or

(b) your use of the Website will be continuous, uninterrupted, secure or error-free.

8.2 You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time, including if:

(a) any network connection difficulties occur;

(b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed);

(d) we decide to terminate your access to those services in accordance with clause 22.1.

8.3 We make no guarantee as to the reliability or performance of the Website. The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Website and the systems that support it.

8.4 The information available through the Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using or relying on it.

9. Your obligations

9.1 You must not use (or attempt to use) the Website:

(a) for any unlawful or dishonest activity, or any activity prohibited by these Terms and Conditions;

(b) to access, transmit, publish or communicate material which:

(i) is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;

(ii) is xenophobic, racist, abusive, harassing or hateful;

(iii) is invasive of a person’s privacy or constitutes personal abuse directed at other users;

(iv) constitutes spam, commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation;

(v) contains a virus or other harmful code;

(vi) infringes a person's copyright or other rights (including any other Intellectual Property rights); or

(vii) contains links to other sites that contain or promote the material identified in paragraphs (i) to (vi) above;

(c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

(d) to transmit, publish or communicate bulk and/or unsolicited messages;

(e) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or

(f) in any way that is reasonably likely to cause us, our suppliers or other users of the Website to incur liability to a third party.

9.2 We may ask you to cease any conduct which is contrary to your obligations under these Terms and Conditions, and you must promptly comply with any such request. If you fail to do so, we may (acting reasonably) terminate and block your access to the Website or the services provided by the Website.

10. Security of the Website

10.1 To use the Website and its features as intended, you must:

(a) enable the Website to use cookies; and

(b) grant it any other permissions and access to your Device that it requires from time to time.

10.2 If you do not grant these permissions and this access, you may be unable to use the Website or some of its features.

10.3 The Website uses the internet to provide services and information. By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.

10.4 Subject to clause 18.3 and our obligations in respect of your personal information as set out in our Privacy Policy, we do not warrant or guarantee the security of the Website. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.

11. Third party links

11.1 The Website may contain links to other websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them. You must review any relevant terms and conditions governing your use of those third party links to ensure the links are appropriate to access.

12. Placing Order for Products

12.1 All representations (in any material form) of Products for sale by Nikon on the Website constitute an invitation to treat. Accordingly, your placement of an Order on the Website constitutes an offer to Nikon on the basis of these Terms and Conditions which can be accepted or rejected by it in its discretion, and does not form a binding contract with Nikon.

12.2 To place an Order, you must:

(a) submit a fully completed order form for the relevant Product(s);

(b) confirm the Order details in accordance with the procedure on the Website; and

(c) pay the full amount for the Product(s) (including any applicable taxes and delivery charges) using the payment facility on the Website.

12.3 Overseas payments will not be processed.

12.4 Your Order will be complete once you receive a Confirmation Email.

12.5 Nikon reserves the right to accept or reject any Order made by you for any reason (or no reason) before issuing a Confirmation Email. Nikon may, after issuing a Confirmation Email, cancel your Order due to an error in your Order, unavailability of Products, if payment is not able to be processed, if delivery is unable to be made for reasons outside of our control, or we reasonably suspect fraudulent activity has occurred. We are not responsible or liable to you for any Loss you or any third party suffers as a result of the rejection of an Order. We will notify you if your Order has been rejected using the email address you provide to us.

13. Availability of Products

13.1 Features and specifications of Products advertised, provided and made available on the Website are subject to change at any time without notice. We note that:

(a) weights, measurements, colours and sizes provided are only approximate;

(b) any accessory featured with the Product is for illustration purposes only, and may be sold separately; and

13.2 While Products advertised, provided and made available on the Website are generally available for purchase in Australia, to the fullest extent legally permitted nothing on the Website implies, represents or warrants that such Products are or will be available at the various local Nikon authorised representatives in Australia. You should therefore check with your local Nikon authorised representative for specific product availability in your locality.

13.3 If any Product in your Order is out of stock or unavailable, Nikon will use reasonable endeavours to contact you within three Business Days of Nikon receiving the Order to arrange a full or partial refund, or to replace the Product with a comparable product in a similar price range (where available) with your agreement, or to come to an alternative arrangement as mutually agreed between you and Nikon.

13.4 Nikon reserves the right to discontinue or suspend the sale of any Product on the Website at any time, without notice to you. Subject to clause 19.5(c) and its obligations under the Australian Consumer Law including the Consumer Guarantees, Nikon disclaims and excludes any liability resulting from the discontinuance or suspension of any Product.

13.5 Nikon reserves its right to correct any errors to features and specifications, pricing, and any other information related to a Product published on the Website.

14. Price

14.1 All prices displayed on the Website are quoted in Australian Dollars and where applicable, are inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) and all other government taxes unless stated otherwise.

14.2 Prices indicated on the Website for each Product do not, unless otherwise expressly stated, include delivery and handling charges.

14.3 All prices contained on the Website are subject to change at the sole and absolute discretion of Nikon. Price changes will not affect Orders already placed by you.

15. Payment

15.1 Payment may be made by credit card, debit card, Afterpay, Zippay, direct deposit or, if approved by us in our discretion, by account.

15.2 Payment of the full price of an Order (including applicable GST, other taxes and delivery and handling charges) must be received and cleared by Nikon before Nikon accepts your Order. If payment cannot be processed, your Order will be rejected and you will be notified of this on the Website or to the email address you provide.

15.3 In paying or attempting to pay for the Product(s), you agree that you will not engage, and have not engaged, in any fraudulent conduct or contravened any law in relation to that payment.

15.4 After your payment for the Order has been successfully processed, you will receive an email confirming that Order with an invoice that indicates the breakdown of the price of each Product and shipping/delivery fee payable by you, applicable GST and the total invoice amount (Confirmation Email). The date of this Confirmation Email will be deemed to be the date of the Order (Order Date).

15.5 Notwithstanding anything in clause 15.4, Nikon may, after you have received the Confirmation Email, reject the Order if Nikon reasonably suspects you have engaged in any fraudulent conduct or otherwise contravened any law in making the Order.

16. Delivery and Risk

16.1 Nikon only delivers Products ordered from the Website within Australia. The delivery address specified in your order form (Delivery Address) must be within Australia and must not be a freight forwarding location or a PO Box.

16.2 The Product(s) included in your Nikon-confirmed Order will be dispatched to the Delivery Address. If you do not state the Delivery Address correctly or do not provide a Delivery Address that complies with clause 16.1, you will be liable for any extra charges incurred by Nikon (for example, redelivery fees).

16.3 You will receive an email notification (including tracking details) once your Order has been dispatched. There may be more than one email notification if Products in your Order are dispatched at different times.

16.4 You may request changes to the Delivery Address by contacting Nikon at 1300 401 200 at least 24 hours before the scheduled dispatch date specified in the Confirmation Email. However, you acknowledge that Nikon may not be able to accommodate all change requests and Nikon retains the discretion (acting reasonably) to decide whether to allow the requested change to the Delivery Address.

16.5 If your Order has been dispatched and Nikon is unable to make a requested change to the Delivery Address, Nikon will not be responsible for any Loss suffered by you as a result of the Product(s) being delivered to the original Delivery Address you provided to Nikon.

16.6 You acknowledge and agree that Products may not be available for immediate delivery. You understand that whilst Nikon aims to dispatch Products within standard shipping timeframes of three Business Days of the Order Date, Nikon is unable to warrant that these timeframes will always be met.

16.7 You acknowledge and agree that Nikon may not be able to achieve the anticipated delivery timeframes advised to you in the email notification provided under clause 16.3 due to factors beyond its control, and that delivery timeframes may change due to unforeseen circumstances. Nikon will not be liable for any Loss suffered by you or any third party, directly or indirectly, as a result of any delay in the delivery or change in delivery times of the Product(s).

16.8 Risk in the Product(s) passes to you on the date and time of delivery of the Product(s) to your Delivery Address.

16.9 If Nikon is unable to dispatch your Order for delivery to you within three Business Days of the Order Date, Nikon will contact you.

17. Title

17.1 Title in the Product(s) passes to you on the later of:

(a) the date on which the Product(s) are delivered to you; and

(b) the date on which we receive and accept full payment of all amounts due in respect of the Products, including any GST, other taxes, and any handling and delivery fees.

17.2 If we do not receive your payment before the Product is delivered to you, or your payment is declined, reversed or otherwise rejected for any reason, we reserve the right to reclaim the Product(s) from you even if they have been delivered to you or otherwise moved from the Delivery Address, and we reserve the right to keep or re-sell those Product(s).

18. Consumer Guarantees

18.1 Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).

18.2 If, under these Terms and Conditions, you acquire goods or services, as a Consumer:

(a) that are a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Good or Services), the operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified; or

(b) that are not PDH Good or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option:

(i) in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and

(ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied.

18.3 We do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms and Conditions or in any other manner.

19. Order Cancellations, Refunds and Returns

19.1 Nikon will not accept cancellations or changes to an Order once it is placed except as provided for under these Terms and Conditions.

19.2 Please choose your Product(s) carefully as we will generally not provide a refund or exchange simply because you have changed your mind.

19.3 If, however, the Product(s) you have ordered arrive damaged, inoperable or otherwise in contravention of the Consumer Guarantees or other applicable law, you may:

(a) have rights under our Returns Policy;

(b) be able to rely on your rights as a Consumer under the Australian Consumer Law as set out in clause 18; or

(c) elect to have the Product(s) repaired or replaced by Nikon, by contacting Nikon under clause 19.4 of these Terms and Conditions.

19.4 Please contact Nikon at 1300 401 200 or via email at: service.nau@nikon.com if you would like to make a return, or request the repair or replacement of the Product(s).

19.5 Nikon will contact you to provide a full refund in respect of your Order if:

(a) Nikon rejects your Order pursuant to clause 12.5 and payment has already been processed;

(b) Nikon is unable to fulfil your Order and you have requested a refund or a comparable product or alternative arrangement cannot be agreed upon pursuant to clause 13.3;

(c) the Product in your Order has been withdrawn or suspended from sale pursuant to clause 13.4 and payment has already been processed; or

(d) Nikon is unable to deliver your Order for reasons beyond its control.

19.6 Nikon will not be liable to you for any Loss which you or any third party may suffer as a result of any delay in processing any refund due to you under this clause 19.5, except to the extent caused or contributed to by our negligent or wrongful conduct.

20. Warranties

20.1 Except for the Consumer Guarantees and these Terms and Conditions and to the extent permitted by law, Nikon makes no guarantee, endorsement, representation, warranty or promise, express or implied or statutory, including but not limited to:

(a) the privacy or security of emails during internet transmission (subject to the obligations contained in our Privacy Policy in respect of your personal information, as applicable);

(b) regarding the reliability, performance or security of the Website; or

20.2 Nothing in these Terms and Conditions attempts to limit or exclude liability for death or personal injury arising from Nikon's negligence or fraud.

20.3 You represent and warrant to Nikon that:

(a) all information supplied by you to us is true, accurate, complete and up to date;

(b) the nominated representative to receive the Product(s) in the event that you are unable to accept delivery is duly authorised by you;

(d) you have read, understood and accepted all the Terms and Conditions before placing an Order with us; and

(e) you are not acting in contravention or any law or regulations.

21. Exclusion and limitation of liability

21.1 You acknowledge and agree that your access to, and use of, the Website is at your own risk.

21.2 To the extent permitted by law and subject to clause 18, we exclude from these Terms and Conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).

21.3 Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising from or in connection with your use of the Website and Products, including, without limitation:

(a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and

(b) any other Losses,

except to the extent caused or contributed to by Nikon's negligent or wrongful conduct.

21.4 To the maximum extent permitted by law and subject to clause 18, Nikon disclaims all liability (including any indirect, special, incidental or consequential damage or Loss) suffered or incurred by you or any third party, whether directly or indirectly, by reason of any use or misuse of, or reliance upon, the Website, including but not limited to any Loss, damage or expense arising from or in connection with any defect, error, imperfection, fault, mistake, misrepresentation or inaccuracy in, of, or on the part of (as is applicable) the Website or its Content, the downloadable Content or due to any unavailability of the Website or any part thereof or any contents or associated Products or services, except to the extent caused or contributed to by Nikon's negligent or wrongful conduct.

22. Termination of Membership and suspension, withdrawal of or changes to the Website

22.1 Nikon reserves the right to suspend or terminate your Membership account (on reasonable notice, except in cases of serious breach, fraud, or where immediate action is necessary to protect Nikon or other users or persons) for any of the following reasons:

(a) if you have breached these Terms and Conditions;

(b) if you have committed any act or omission which:

(i) has resulted or may result in Nikon incurring any liability;

(ii) causes or may cause damage to Nikon's reputation;

(iii) has or may have a negative impact on any other Member(s); or

(c) if Nikon decides to cease or change its My Nikon Life offering and it is reasonably necessary to suspend or terminate your Membership account or remove your access to the Website for it to do so.

22.2 Nikon reserves the right to:

(a) suspend use of, or withdraw, the Website and any of its features or components; or

(b) add to, amend remove, or disable access to, any part of the Website and any of its features or components,

in each case at any time and for any reason, and will use reasonable endeavors to provide you with reasonable notice of such actions.

23. Privacy

23.1 Unless restricted by applicable law, you agree that any and all personal information and data relating to you collected by Nikon from the Website from time to time may be used and disclosed for such purposes and to such persons as may be in accordance with these Terms and Conditions, Nikon's Privacy Policy and applicable legislation, including for the purposes of making available the Website, complying with our legal obligations, and improving the user experience in relation to the Website.

23.2 If you use the Website, the information that we may collect and store includes, without limitation:

(a) the type of operating system and/or other software or firmware used by your Device;

(b) the data you send and receive using the Website, and the type and quantity of that data;

(d) the IP and MAC address of your Device.

23.3 You agree that Nikon is under no obligation of confidentiality to you regarding the Content posted, uploaded or transmitted to Nikon by you on the Website unless agreed otherwise in a separate contract between yourself and Nikon or as required by law.

23.4 Nikon reserves the right to maintain, and make use of chat logs, and any other means that it deems in its sole and absolute discretion necessary or appropriate, to ensure that users of the Website are complying with the Terms and Conditions and any applicable Website Policies.

23.5 You represent and warrant to us that the personal information you provide to us is complete and accurate.

23.6 Please see our Privacy Policy at https://www.nikon.com.au/privacypolicy for more details on how Nikon deals with your personal information.

24. Intellectual Property

24.1 Nikon is the owner or authorised licensee of any and all Intellectual Property rights and interests (including but not limited to all copyright, and all trade marks, names and logos, whether registered or unregistered) in or appearing on the Website or the Products. All Content on the Website, including, but not limited to, the text, graphics, links and sounds are the copyright of Nikon or its licensors.

24. Except as expressly set out in these Terms and Conditions, no permission or license is granted to use any such trade mark, name, logo or other Intellectual Property right without prior written consent of Nikon, companies within the Nikon Group or its legal representatives (as the case may be). You must not use or register as a trade mark, business name or domain name any trade mark, name or logo similar to those used by or associated with Nikon.

25. Chat Functionality

25.1 This Clause 25 shall apply to your access to and use of any chat function offered on or via the Website (or any other Nikon website) from time to time (the "Chat Functionality").

25.2 We may, from time to time, offer a Chat Functionality via one or more of the Websites. Such Chat Functionality may allow you to submit information via a chat interface (such as by selecting options and/or submitting text or images) ("Inputs"), and [information, data, documents, images and/or other material] may be provided to you in response, based on your Inputs ("Responses"). Inputs and Responses shall collectively be referred to as "Chat Content".

25.3 We may, from time to time, at our discretion, vary, suspend, restrict, and/or terminate the Chat Functionality in whole or in part, for any reason, without notice to you, either temporarily or permanently. To the maximum extent permitted by law, and without prejudice to the generality of Clauses 20 and 21 of these Terms and Conditions, we disclaim all liability for any such variation, suspension, restriction, and/or termination, except to the extent caused or contributed to by Nikon's negligent or wrongful conduct.

25.4 Subject to clause 25.5, by submitting Inputs, you agree and acknowledge that you are solely responsible for the form, content and accuracy of Inputs. Subject to clause 25.5, you shall procure and ensure that:

(a) you have all rights, licences, clearances, consents, and permissions that are necessary or desirable for you to submit the Inputs, and to grant us all rights you purport to grant us or which are otherwise described or contemplated under these Terms and Conditions;

(b) your submission of Inputs and our use of Inputs as described or contemplated in these Terms and Conditions will not violate any applicable instructions, Website Policies, applicable laws, and/or third party rights (including without limitation Intellectual Property, confidentiality, or contractual rights); and

(i) are not offensive, inappropriate, illegal, harmful and/or objectionable;

(ii) are not defamatory and/or libellous;

(iii) are not inaccurate, false, and/or misleading;

(iv) are not confidential and/or proprietary;

(v) are not against the public interest, public order and/or national harmony;

(vi) do not offend against good taste and/or decency;

(vii) do not contain any inputs, code, and/or files that contain malicious and/or technologically harmful material, including without limitation material that is intended or likely to circumvent any control and/or restriction in connection with the Website(s), and/or cause the Website(s) to behave in an unexpected or unintended manner; and

(viii) fulfil all requirements applicable to content published on electronic platforms and/or the Internet, including without limitation under applicable laws and codes of practice issued by competent government authorities and/or agencies.

25.5 Clause 25.4 does not apply to any Inputs you select from options provided by the Chat Functionality (except for clause 25.4(c)(iii), which does apply to the options you select and submit).

25.6 You further agree and acknowledge that the Chat Functionality is provided by a third party service provider ("3P Service Provider"), we do not own or operate such 3P Service Provider, and the 3P Service Provider has sole responsibility over the provision of the Chat Functionality. To the maximum extent permitted by law, and without prejudice to the generality of Clauses 20 and 21 of these Terms and Conditions:

(a) the fullest extent of our obligations and liabilities in respect of the Chat Functionality is merely to facilitate its provision by the 3P Service Provider on a pass-through basis, "as is", "as available", and "as received" by us;

(b) your access to and/or use of the Chat Functionality is at your own risk;

(c) we do not represent or undertake (and we expressly disclaim) all warranties, whether express, statutory or implied, oral or in writing, including without limitation:

(i) currency, completeness, accuracy, security, integrity, non-infringement, appropriateness, fitness for a particular purpose, reliability, and/or quality of the Chat Functionality and/or Responses; and/or

(ii) that the Chat Functionality will always be available or accessible, meet your requirements, and be secure or free of malware; and

(d) we disclaim all liability (including without limitation any indirect, special, incidental or consequential damage or Loss) suffered or incurred by you or any third party, whether directly or indirectly, by reason of any use or misuse of, or reliance upon the Chat Functionality and/or Responses, including without limitation liability arising from or in connection with any defect, error, imperfection, delay, fault, mistake, misrepresentation and/or inaccuracy in, of, and/or on the part of the Chat Functionality and/or Responses, and/or due to any unavailability of the Chat Functionality, except to the extent caused or contributed to by Nikon's negligent or wrongful conduct.

25.7 Your access to and use of the Chat Functionality may be subject to other terms and conditions, such as terms and conditions prescribed by the 3P Service Provider. You shall comply with all such applicable terms and conditions. Nikon's current 3P Service Provider is Text, Inc. and the relevant prescribed terms are available at https://www.chatbot.com/legal/for-clients/. In your use of the Chat Functionality, you are responsible for complying with these terms to the extent that they apply to end users (including, without limitation clause 4.6 – 4.7).

25.8 You agree and acknowledge that:

(a) we and/or the 3P Service Provider (to the extent set out in that third party's prescribed terms identified at clause 25.7 above) may process Chat Content to develop and/or improve products and/or services (including without limitation any artificial intelligence technologies used in connection with the Chat Functionality), including outside of Australia; and

(b) we and/or the 3P Service Provider may collect performance and usage metrics and/or data regarding your access to and/or use of the Chat Functionality, including inferences, upload times, processing data and/or diagnostic data, and we and/or any third party service provider may use such metrics and/or data to improve the Chat Functionality and its underlying technologies.

25.9 You agree and acknowledge that the Chat Functionality may incorporate artificial intelligence technologies, that such technologies are rapidly developing, and therefore:

(a) Responses may: (i) be erroneous, misleading, incomplete, and/or lack context; (ii) contain inappropriate and/or unintended elements; and/or (iii) be identical or similar across customers. You should not rely solely on the Responses for factual information, and you should verify all information provided by the responses before using it;

(b) you are solely responsible for selecting and/or providing appropriate Inputs to produce your desired Responses, and reviewing the Responses, including without limitation verifying their currency, completeness, accuracy, appropriateness, reliability, and fitness for your specific use case;

(d) Responses are provided for your convenience only, and do not constitute any statement, representation, or warranty made by or on our behalf;

(e) Responses shall not constitute or be treated as, nor be a substitute for, professional, legal, reliable and/or accurate advice and/or information, and are not intended for use in, and/or in association with, regulated uses, including without limitation in any dangerous environments or in relation to any critical systems that may lead to serious bodily injury or death and/or cause environmental, property, and/or other damage; and

(f) the Chat Functionality may not be available for use outside Australia.

25.10 Without prejudice to the generality of Clauses 3.2 and 9.1 of these Terms and Conditions, you shall not do and/or attempt to do any of the following:

(a) recompile, decompile, disassemble, reverse engineer and/or determine any source code, algorithm, method, technique, and/or underlying component (including without limitation the training data, model, parameters, and/or weights) of the Chat Functionality;

(b) subject to clause 3.1, scrape, mine, and/or distil any information or data from the Chat Functionality;

(d) use the Chat Functionality for commercial purposes, including without limitation to develop or improve products and/or services that compete with and/or function similarly to the products and/or services we offer;

(e) probe, scan and/or test the vulnerability of the Chat Functionality, and/or attempt to circumvent, any security or authentication measures or features, functionalities, data, information and/or content that you are not authorised to access; and/or

(f) 'jailbreak' and/or harm the proper working of the Chat Functionality, and/or interfere with and/or disrupt any person’s enjoyment or legitimate use of the same.

25.11 You shall grant Nikon, or procure that we are granted, an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, sub-licensable, perpetual, worldwide licence to access, use, host, communicate, distribute, publish, reproduce, adapt and/or make derivative works of the Inputs (other than those Inputs which are generated by the Chat Functionality), and/or authorise any of the foregoing.

25.12 To the fullest extent permissible by law, you voluntarily, irrevocably and unconditionally consent to any acts or omissions, whether by Nikon, the 3P Service Provider or any person authorised by either of them, which may infringe any moral rights you may own in the Inputs under the Copyright Act 1968 (Cth) or any similar legislation, and you waive any moral rights in respect of the Inputs.

26. Interpretation

26.1 In case of any conflict or inconsistency between any provision of these Terms and Conditions and any provision of any Website Policy, the provisions of these Terms and Conditions prevail over the provisions of the Website Policies.

27. General

27.1 Severability – If any part of these Terms and Conditions is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions. The remaining Terms and Conditions remain in force and constitute a binding agreement between you and Nikon.

27.2 Relationship between the parties – Nothing in these Terms and Conditions constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties.

27.3 No waiver – We do not waive a right, power or remedy in connection with these Terms and Conditions if we fail to exercise or delay in exercising the right, power or remedy.

27.4 Entire agreement – These Terms and Conditions, including any additional terms or Website Policies which may be applicable at different stages of usage of the Website, contains the entire agreement between the parties about its subject matter. Any previous agreement relating to that subject matter is deemed superseded by these Terms and Conditions and has no further effect.

27.5 Force majeure – To the extent permitted by applicable law and subject to clause 18, Nikon will not be liable to you for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control.

27.6 Governing law – These Terms and Conditions are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.

27.7 Dispute resolution – If you have any issue arising out of these Terms and Conditions or in relation to the Website, an Order or Product(s), you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.

Nikon Australia Gift Card Terms & Conditions

These Terms and Conditions (Gift Card Terms) form the agreement between the customer (you and your) and Nikon Australia Pty Ltd ABN 34 121 761 537 (Nikon, we, us and our) in relation to the purchase, use and redemption of a Gift Card. These Gift Card Terms should be read in conjunction with our Website and Store Terms and Conditions and our Website Policies.

Before purchasing or using a Gift Card, you must read these Gift Card Terms carefully. If you do not agree to these Gift Card Terms, you must not purchase a Gift Card, or use or redeem a Gift Card. Purchasing or using a Gift Card, or making a transaction enquiry or exercising any right to redeem value loaded on a Gift Card, constitutes your acceptance of these Gift Card Terms.

If you do not understand these Gift Card Terms or if you have any questions, please contact our Customer Service Centre on 1300 401 200 (open on Business Days from 9am – 5pm) or email us at service.nau@nikon.com and one of our representatives will be happy to assist you.

You should BE AWARE OF SEVERAL key terms

This summary is designed to assist you by disclosing certain terms that may affect you. However, it is not a substitute for reading and understanding the Gift Card Terms, and it is not intended to substitute, expand or amend the Gift Card Terms. Please contact us if you have any questions.

· Validity period: Gift Cards may only be redeemed within 3 years after the date of issue.

· Limitations on use: Gift Cards cannot be used to purchase other Gift Cards or Nikon subscription products or services.

· Limitation of liability: To the extent permitted by law:

o we exclude all responsibility and liability arising from or in connection with a Gift Card, these Gift Card Terms, your use of the Website or any failure to redeem the Gift Card within the validity period, except to the extent caused or contributed to by Nikon's negligence or wrongful conduct; and

o if you are buying goods or services that are not a kind ordinarily acquired for personal, domestic or household use or consumption, we limit our liability for a failure to comply with any Consumer Guarantee under the Australian Consumer Law to, at our option:

· for goods – repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and

· for services – re-supplying the services or paying the cost of having the services re-supplied.

· Your information: When you purchase a Gift Card we will collect, use and store your personal information that you provide to us in accordance with these Gift Card Terms, our Privacy Policy and applicable legislation. You agree that we can disclose your personal information and other data relating to you that we collect from the Website to third parties (such as other companies within the Nikon Corporation group, our service providers and logistics partners) where necessary for us to perform our functions and to provide you with a better service.

1. Definitions

1.1 Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.

1.2 Consumer has the meaning given in section 3 of the Australian Consumer Law.

1.3 Gift Card means the Nikon eGift Card issued in electronic form as described in these Gift Card Terms.

1.4 Loss means any liabilities, losses, damages, costs and expenses (including reasonably and properly incurred legal costs and expenses) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning.

1.5 Privacy Policy means our privacy policy, as amended from time to time and published on our Website accessible using the address www.nikon.com.au/privacypolicy (or any replacement web page from time to time).

1.6 Rental Terms means the terms and conditions governing the hiring and use of equipment offered for hire by Nikon on the Website accessible using the address https://www.nikon.com.au/nikon-rental-terms-conditions] (or any replacement web page from time to time).

1.7 Returns Policy means our returns policy, as amended from time to time and published on our Website accessible using the address https://www.nikon.com.au/returns (or any replacement web page from time to time).

1.8 Validity Period means the period from the date of issue of the Gift Card to 3 years after the date of issue.

1.9 Website means our Nikon Store website (which can be found at www.nikon.com.au or any replacement web page from time to time).

1.10 Website and Store Terms and Conditions means the terms and conditions governing the use of our Website and the ordering, purchase and delivery of products available for purchase on the Website, as amended from time to time and published on our Website accessible using the address https://www.nikon.com.au/terms-of-sale (or any replacement web page from time to time).

1.11 Website Policies means the Privacy Policy, Rental Terms and Returns Policy.

2. Purchase and Use

2.1 Gift Cards may only be purchased and redeemed for goods and/or services at the Website. Gift Cards are not redeemable for goods and/or services at any location other than the Website, including at other Nikon retailers or authorised resellers.

2.2 A Gift Card can be loaded at the time of purchase with any amount between $10.00 and $1,000.00. The value of the Gift Card is inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) and all other government taxes unless stated otherwise.

2.3 Once purchased, the Gift Card will be delivered to the nominated recipient email address in electronic form (Confirmation Email).

2.4 Where you make a purchase that is of lesser value than the credit balance of the Gift Card, the balance will remain and may be used again for a future purchase. Where you make a purchase that exceeds the total available balance of the Gift Card, you will be required to pay the difference by other available payment method(s) in accordance with the payment terms provided for in our Website and Store Terms.

2.5 Gift Cards are non-refundable, not reloadable and cannot be redeemed for cash or other tender, or be replaced or extended after expiry, or have their value replaced after expiry. Gift Card balances cannot be consolidated to a new Gift Card.

2.6 The Gift Card cannot be used to purchase:

(a) other Gift Cards; or

(b) our subscription products or services.

2.7 You can check your Gift Card transaction history and balance by signing into your account on our Website using the address https://www.nikon.com.au/customer/account/ and accessing the Gift Card menu from the account dashboard. If you do not have an account on our Website, you can check the balance of your Gift Card in the account page of your account (Gift Cards) or by calling us on 1300 401 200 (open on Business Days from 9am – 5pm).

3. Validity

3.1 Gift Cards must be redeemed within the Validity Period. Expired Gift Cards are not redeemable, and Gift Card balances will not be refunded or credited on expiry. For the avoidance of doubt, Nikon is not responsible for any Loss should you fail to redeem the Gift Card within 3 years from the date of issue, except to the extent caused or contributed to by Nikon's negligence or wrongful conduct.

4. Returns

4.1 Subject to clause 4.2 and the Australian Consumer Law, Nikon's Returns Policy applies when returning goods purchased using a Gift Card. For the avoidance of doubt, clause 4.2 will prevail to the extent of any inconsistency with Nikon's Returns Policy.

4.2 Where you have made a mistake with an order and wish to cancel it, you can do so provided that it has not been shipped. If your order can be successfully cancelled, our customer service team will restore the amount deducted from the Gift Card for the cancelled order.

5. Variations to the Terms

5.1 Nikon reserves the right to amend the Gift Card Terms at any time without notice to you. Subject to clause 5.2, the amended terms will apply to any Gift Card purchased on or after the date of the amendment but will not apply retrospectively to Gift Cards purchased before that date.

5.2 Nikon also reserves the right to change any term contained in these Gift Card Terms on reasonable notice where the change is required:

(a) to change the minimum and maximum amounts that can be loaded on Gift Cards. If we decide to do this, we will publish details on the Website and such change will take effect from the time of publishing and will not affect Gift Cards purchased prior to that time;

(b) to comply with all relevant laws (including all forms of delegated legislation) in force from time to time, as well as the requirements or directions of any appropriate Commonwealth or State Government Departments, bodies, agencies or public authorities;

(c) for any reasonable operational, administrative, compliance or corporate governance reasons, or to prevent fraud or other unlawful, unethical or unacceptable conduct; or

(d) where Nikon, acting reasonably, considers that it will not cause detriment to the customer.

5.3 Nikon reserves the right to cancel any Gift Card for any reason at any time by giving reasonable notice to you, on the condition that if Nikon elects to exercise this right, it must provide either a refund or replacement Gift Card for the remaining balance of the Gift Card.

5.4 Nikon reserves the right to rectify the balance of your Gift Card if there are reasonable grounds to believe that a clerical or accounting error has occurred.

6. Consumer Guarantees

6.1 Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).

6.2 If, under these Gift Card Terms, you acquire goods or services as a Consumer:

(a) that are a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Good or Services), the operation of the Consumer Guarantees cannot be, and are not in these Gift Card Terms, excluded, restricted or modified; or

(i) in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and

(ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied.

6.3 We do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Gift Card Terms or in any other manner.

7. Exclusion and limitation of liability

7.1 You are responsible for the use and safety of your Gift Card, and are liable for all transactions made on your Gift Card except where there has been fraud or misconduct by Nikon or any of its employees. Gift Cards are to be treated like physical cash – to the extent that Gift Cards are lost or stolen, they will not be replaced, refunded or redeemed by Nikon.

7.2 To the extent permitted by law and subject to clauses 6 and 7.3, we exclude all responsibility and liability arising from or in connection with a Gift Card, these Gift Card Terms or your use of the Website, including, without limitation:

(b) any Loss or corruption of, or other damage to, data, interference with or damage to your computer or any interruption, delay or failure in the Website; and

except to the extent caused or contributed to by Nikon's negligence or wrongful conduct.

7.3 To the extent permitted by law, we exclude from these Gift Card Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation including the Australian Consumer Law, the exclusion of which would contravene legislation or cause part or all of these Gift Card Terms to be void). Any liability we have to you will be reduced by the extent (if any) to which you caused or contributed to the Loss.

8. Privacy

8.1 When you purchase a Gift Card we will collect, use and store your personal information that you provide to us. Unless restricted by applicable law, you agree that any and all personal information and other data relating to you collected by Nikon from the Website from time to time may be used and disclosed for such purposes and to such persons as may be in accordance with these Gift Card Terms, our Privacy Policy and applicable legislation.

9. General

9.1 Severability – If any part of these Gift Card Terms is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions. The remaining Gift Card Terms remain in force and constitute a binding agreement between you and us.

9.2 Relationship between the parties – Nothing in these Gift Card Terms constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties.

9.3 No waiver – We do not waive a right, power or remedy in connection with these Gift Card Terms if we fail to exercise or delay in exercising the right, power or remedy.

9.4 Entire agreement – These Gift Card Terms, including any additional terms or policies which may be applicable to you, contain the entire agreement between the parties about its subject matter. Any previous agreement relating to that subject matter is deemed superseded by these Gift Card Terms and has no further effect.

9.5 Force majeure – To the extent permitted by applicable law and subject to clause 6, we will not be liable to you for any failure to fulfil, or delay in fulfilling, our obligations caused by circumstances outside of our reasonable control.

9.6 Governing law – These Gift Card Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.

9.7 Dispute resolution – If you have any issue arising out of these Gift Card Terms or in relation to the Gift Cards, you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.

9.8 Interpretation – In case of any conflict or inconsistency between any provision of these Gift Card Terms and any provision of any Website Policy, the provisions of these Gift Card Terms prevail over the provisions of the Website Policies.