Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

These Terms of Use (Terms) apply to your access to www.fujitsugeneral.com.au (Website) and to websites of Fujitsu General (Aust.) Pty Limited its subsidiaries and its affiliates (collectively, Fujitsu General Australia) that are linked directly or indirectly to the Website (Subsite(s)).

1. Application of these Terms.
1.1. Fujitsu General Australia provides the Website to you on these Terms.
1.2. By using and/or accessing the pages of this Website you agree to the Terms.
1.3. The Terms also apply to your use of any Subsite. However, if the Subsite has its own terms and conditions, those terms and conditions which shall take precedence over these Terms to the extent of any inconsistency.
1.4. To the extent that any provision of these Terms conflicts with the terms and conditions regarding software (Software Terms) on this Website and/or the Subsites, the Software Terms prevail.
1.5. The Terms may be updated from time to time without notice to you. If you do not agree to the Terms as updated, you must immediately cease using the Service.

2. Conditions of use
2.1.You may use the Service to access, view, copy and/or download information made available by the Service regarding Fujitsu General Australia including its products and services over the internet.
2.2. Use of the Service in accordance with clause 2.1 is on condition that you do not:
(a) Remove or modify any information, brand or proprietary notice from the Service or any information or document you obtain using the Service;
(b) Copy or replicate the look and feel of the Service in a way that may be misleading or deceptive to a third party.
(c) Interfere with the proper working of the Service including attempting to hack into or modify the Service, gain access to secure services or systems without authorisation, probe, scan or test for vulnerabilities and/or weaknesses, place an unnecessary and unreasonable high load on the Service and/or forge information or communications received or used by the Service.
(d) Use the Service to engage in any activity that is unethical, illegal or may cause loss or harm to any third party.
2.3. Use of the Service in accordance with clause 2.1 is on condition that without the prior written permission of Fujitsu General Australia you do not:
(a) Add any brand, information, or proprietary notice to information or documents obtained using the Service.
(b) Republish, post, display, including by ingesting and hosting on any server or website, any copy of the Service in whole or part.
(c) Use any process, including any automated process to access, view, copy or download, any copy in whole or part in any way, including by scraping, deep linking and/or the use of robots and spiders.
2.4. You may link to the Website if you comply with the following linking policy:
(a) your site shall not slander or damage Fujitsu General Australia or contain inappropriate content(s);
(b) your site shall not constitute, support, or encourage illegal activity or content or be deleterious to public order and morals, nor harm the trustworthiness or dignity of Fujitsu General Australia;
(c) your site shall not infringe third party's right, property, privacy;
(d) you shall not create any frame around the Contents nor create any impression that the content belongs to Fujitsu General Australia by any other method;
(e) your site shall not be presented in a manner that could create the mistaken impression of a collaborative or cooperative relationship between you and Fujitsu General Australia;
(f) your site shall not create the mistaken impression that Fujitsu General Australia certifies or supports your site on which the link appears; and
(g) your site shall not be judged by Fujitsu General Australia to be inappropriate for any other reason. Fujitsu General Australia may demand that you delete such link. This permission terminates automatically if you breach any terms or conditions of the Terms or any applicable terms of use on the Subsites. Upon termination, you shall remove any link.

3. Service Content
3.1. The content of the Service may be modified by Fujitsu General Australia at any time.
3.2. The products and services displayed on the Service may not be available for purchase in your particular country or locality. The reference to such products and services on this Website and/or the Subsites does not imply or warrant that these products or services will be available at any time in your location. Please check with your local authorised Fujitsu General Australia representative for the availability and price of specific products and services in your area.

4. Ownership of Rights
4.1. All content (including, without limitation, information, material, data, text, photographs, picture, images, music, audio, and sound whatsoever), software and documentation whatsoever (the "Content") on the Service and all copyrights, trademarks, product names, logos, service marks and any other intellectual property rights related to the content is owned by Fujitsu General Australia, a subsidiary or affiliate or the nominated the owner..
4.2. Except to the extent expressly permitted by these Terms or applicable law, no contents on the Service may be used, copied, modified, translated, distributed or otherwise utilised without the prior written consent of Fujitsu General Australia or the owner of the content.

5. Trademarks
5.1. The trademarks, product names, logos, and service marks (the "Trademark(s)") used within this Website and/or the Subsites are owned by Fujitsu General Australia or the owner of the Trademarks.
5.2. Except to the extent expressly permitted by applicable law, no Trademark may be used, copied, modified, translated, distributed, or otherwise utilised without the prior written permission of Fujitsu General Australia or the owner of the Trademarks.
5.3. Trademarks of the Fujitsu General Australia include Mayanwair, Cool Finance, General (logo), Airstage, Airstage Edge Controller, anyWair, FGLair, Fujitsu General Assist, Australia’s Favourite Air, M-Presenter, Weatherstage, Economatch and Nocria,

6. Links from Other Sites
6.1. The Service may provide links to other World Wide Web sites or resources. Because Fujitsu General Australia has no control over such sites and resources, you acknowledge and agree that Fujitsu General Australia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any contents, advertising, products, or other materials on or available from such external sites or resources.
6.2. You further acknowledge and agree that Fujitsu General Australia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such contents, goods or services available on or through any such site or resource. Nothing contained in this Website and/or the Subsites shall be interpreted as a recommendation and/or endorsement by Fujitsu General Australia of the contents of the linked sites and any products and/or services appeared on and/or provided through such linked sites.
6.3. Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of the linked sites and Fujitsu General Australia. Viewing of any site other than this Website and/or the Subsites is at your own risk in accordance with (i) applicable law, rule, regulations of any government (including without limitation, any subdivision, agency, instrumentality thereof whatsoever) and (ii) the terms and conditions specified in such sites.

7. Transmitted Materials
7.1. Any materials, information, or ideas that you transmit to or post to the Website or the Subsites (the "Transmitted Material(s)") is deemed non-confidential and non-proprietary. Fujitsu General Australia has no obligations and/or responsibility
(a) to maintain confidentiality of the Transmitted Material,
(b) to study, evaluate, or utilise the Transmitted Material, and/or
(c) to compensate in any way the submitter or any third party even in the event that a product or service similar in whole or in part to the suggestions, ideas, etc., submitted is announced or released by Fujitsu General Australia . Fujitsu General Australia may freely use at its discretion the Transmitted Material. In addition, you may not exercise copyright or any other rights regarding the Transmitted Material.

8. Termination
8.1. Fujitsu General Australia or you may terminate the Terms at any time. The Terms are effective unless Fujitsu General Australia or you terminate the Terms.
8.2. You may terminate the Terms by destroying:
(a) all materials obtained from this Website and/or the Subsites, and
(b) all related documentation, versions, installations, and copies of the Contents. Fujitsu General Australia may terminate the Terms immediately without notice if, in its sole judgment, you breach any term or condition of the Terms.
8.3. Upon termination of the Terms, you shall destroy all related materials, documentation, versions, installations, and copies of the Contents.

9. Export Control Regulations
9.1. Fujitsu General Australia makes no representation that the Contents in this Website and/or the Subsites are appropriate or available for use in the location in which you are situated. Accessing the Contents from territories where its Contents are illegal is prohibited.
9.2. You agree that by using or accessing to this Website and/or the Subsites, you do so on your own initiative, and you are responsible for compliance with the applicable local laws, rule and regulations. The Contents are subject to export control laws, regulations, and other applicable laws of Australia and/or other countries. Any diversion or re-export contrary to, or in any violation of, export control laws, applicable laws and regulations and other applicable laws of Australia and/or other countries is prohibited.

10. Limitation of Liability
10.1. To the extent permitted by law:
(A) Fujitsu General Australia makes no warranty regarding the accuracy, completeness and/or timeliness of the information provided by the service.
(B) The service and its contents is provided "as is" without warranties of any kind, either express or implied (including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement of third parties' rights).
(C) Fujitsu General Australia does not warrant that the contents are error-free.
(D) Fujitsu General Australia shall not be liable for direct, indirect, incidental, consequential, punitive, or other damages (including, without limitation, economic losses, lost profits, lost revenues, or lost data) arising out of and/or relating to the access to or inability to access to the service, even if advised of the possibility of such damages.
(E) Fujitsu General Australia may change and/or alter the any or all Contents of the Service, including, without limitation, its structure, usage conditions, URL, and content or other information, and may suspend or discontinue the Service at any time without any prior notice. Fujitsu General Australia shall not be liable for any damages or losses arising out of and/or relating to any alteration or change of the contents or inability to use the service.
10.2. Our services may come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(a) to cancel your service contract with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value
10.3. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

11. Compliance with Local Laws
Those who choose to access the Service from locations other than Australia may do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable.

12. Applicable Laws and Court of Jurisdiction
Except where otherwise stipulated, the laws of Australia shall be applied to the use of this Website and/or the Subsites and the implementation of the Terms. Except where otherwise stipulated, you hereby irrevocably consent to the exclusive jurisdiction of the Federal Court of Australia in any and all disputes, controversies or differences arising out of and/or relating to this Website and/or the Subsites.

13. Entire Agreement
These Terms constitute the entire agreement between you and Fujitsu General Australia and govern your use of the Service, superseding any prior agreements between you and Fujitsu General Australia.

14. Waiver and Severability of Terms
14.1. The failure of Fujitsu General Australia to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
14.2. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.