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Website Terms of Use

 

1. Panasonic Australia Pty Ltd (ABN  83 001 592 187) (“Panasonic”) maintains this website (the “Site”) for the express purpose of providing information and communication. Your access to use the Site is subject to the following terms and conditions (the “Terms of Use”) and all applicable laws. By accessing this Site, you accept, without limitation or qualification, these Terms of Use and the terms and conditions of Panasonic’s Privacy Policy.
 

2. All the material on the Site is protected by copyright unless otherwise indicated and may not be used except for the permitted purpose in the Terms of Use or contained in the relevant parts or sections of the Site. You may not distribute or transmit (except within your business or organization), modify, reuse, republish, report, frame, upload to a third party or use the contents of the Site (including without limitation text, images, audio and video) for public or commercial purposes without Panasonic’s express written permission. You agree not to infringe any copyright or other intellectual property rights belonging to Panasonic, its affiliates or its third-party content providers. In addition, in using the Site you must not:
 

(a)   Defame, abuse, harass or threaten or otherwise violate or infringe the legal rights of others, including but not limited to intellectual property rights and or rights in relation to privacy.

(b)   Post, link, frame or otherwise distribute any information, material or item which contains a virus, trojan, worm or other harmful component.

(c)   Link to any part of the Site or use any framing techniques to capture any part of the Site (unless you have Panasonic’s written permission to do so).

(d)   Use (or attempt to use) screenshot, screen recording, robots, software, programs, algorithms or any other similar data gathering or extraction tools to copy, collect or harvest any data or content found on the Site.

(e)   Interfere (or attempt to interfere) with any security related or other features of the Site, or

(f)    Attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, including any automated tools.

 

3. To the extent permitted by law, everything on this site is provided “AS IS”. With the exception of any rights which cannot be excluded by law, to the fullest extent permitted by law:
 

(a)   Panasonic excludes any term, condition, or warranty that may otherwise be implied by these Terms of Use or implied in relation to our use of this Site.

(b)   Panasonic excludes any liability Panasonic or any other party involved in creating, producing or delivering the Site for loss or damage incurred as a result of or in connection with the use of the Site including any consequential loss or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access the Site.

(c)   Panasonic assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, or use, of the Site or your downloading of any materials, data, text, images, photos, video, or audio from the Site. Panasonic assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications made through or in relation to the Site.

(d)   Any software downloaded from the Site is downloaded at your own risk and Panasonic neither assumes nor accepts liability for any loss or damage (whether direct or indirect), whatsoever caused, as a result of any computer viruses, trojan horses, worms, software intrusions or similar items or processes arising from your use of the Site.

(e)   Panasonic is not responsible for content of any site linked to or from the site.  Your linking to any others site is entirely at your own risk. While Panasonic may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement, approval, recommendation, or preference by Panasonic of the owner/sponsor or the site linked to or its content. Subject to any non-excludable rights, Panasonic disclaims all warranties, express or implied, as to the accuracy and validity, legality or otherwise of any materials or information contained on such sites.

 

4. The trademarks used on the Site are either trademarks of Panasonic and/or its affiliates or used on the Site with the permission of their respective owners.  Nothing contained in this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on the Site without the express written permission of Panasonic or, if applicable, the third-party owner of the relevant trademark.
 

5. Actual colour and dimensions of the product described or depicted on the Site may differ from the screen image on the Site. Features and specifications of products are subject to change without notice. Any weights and dimensions mentioned are only approximate. All screen images contained on the Site are simulated unless otherwise indicated. Copyright may exist on various content within the Site. Unauthorised recording of content materials contained on the Site maybe contrary to applicable copyright laws.
 

6. If Panasonic provides you with user details to facilitate your use of or access to the Site (“User Details”), or a particular section of the Site, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details including, without limitation, all activities authorized or unauthorized, lawful or unlawful, which utilize your User Details. Panasonic is entitled to act on instructions received under your User Details. Panasonic cannot and will not be liable for any changes made to your User Details by another person using your User Details, or for any loss or damage arising from the failure to adequately protect your User Details.  For security purposes you should secure your User Details.
 

7. You agree to indemnify Panasonic and keep Panasonic indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by Panasonic as a result of or in connection with any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms of Use, by you or anyone using your User Details.


8. Panasonic may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorized to access the Site, but any and all restrictions imposed on you under the Terms of Use, and the licences granted by you by Panasonic, and any Panasonic disclaimers and limitations of liability will survive such termination.
 

9. Failure by Panasonic to insist on any strict performance of any provisions of the Sites Terms of Use shall not be deemed a waiver of its rights and remedies.
 

10. Panasonic may at any time revise the Terms of Use by updating this web page without prior notice to you, in which case the Terms of Use as modified will apply to you from the date of the modification. You should periodically visit this page to review the then current Terms of Use.


11. The Terms of Use may not be altered, supplemented, or amended by the use of any additional documents that purport to be an agreement between you and Panasonic. Any attempt to supplement or amend this document by you or a party other than Panasonic shall be null and void.
 

12. The Terms of Use are governed and construed in accordance with the laws of New South Wales, without reference to its conflict of law rules. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of the Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder which will continue in full force and effect.


13. The trademarks, logos and service marks (collectively the “Trademarks”) contained in this Site, unless otherwise specified, are trademarks of Panasonic and/or its affiliates. Any Trademarks used on the Site are trademarks of the respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks displayed on the Site without the express permission of Panasonic. The trademark “Panasonic” and any other product names, service names or logos of Panasonic used, quoted and/or referenced in the Site are trademarks or registered trademarks of the Panasonic Corporation or any of its affiliates. 
 

Information You Must Provide

 

14. To enable Panasonic to provide you with products and/or services and enable you to participate in promotion offers and other marketing activities. Panasonic may collect and ask you to provide personal information such as your name, address, email and telephone number and information about your use of the Site (“Your information”).
 

15. All information you provide to Panasonic must be true, accurate, current and complete at all times. If you provide information that is untrue, inaccurate, not current or incomplete, or otherwise fail to update Your Information, Panasonic may suspend or terminate your participation in the promotions, competitions offers or membership of the Site immediately.
 

16. Panasonic may collect information relating to your access to, and use of the Site using cookies. A cookie is a small data file that the Site may write to your computer’s hard drive to tailor and keep records of your visit to the Site and to authenticate that you are permitted to use the Site. You can disable cookies by turning them off in your browser, however, this may cause you to be unable to access some areas of the Site and/or some areas of the Site may not function properly if you do so.
 

Online Registration and Account

 

17. You must be registered on the Site by following the instructions on the Site (normally enabled by a registration ID and password). You will only be authorized to be a member of the Site if Panasonic does not advise you that your registration as a member of the Site has been rejected. You will be required to accept these Terms in order to become a member. Your continued registration and participation in the Site as a member signifies your continuing agreement to the Terms. There is no charge for registering an online account.
 

18. To be eligible for registration you must be:
 

(a)   At least 18 years of age.

(b)   A legal resident of Australia, and

(c)   Only open one online member account.

 

19. Your registration and member account and any other benefits conferred as a result are not transferrable and may not be combined or merged with other member accounts.
 

 

20. Panasonic reserves the right to refuse your application for registration or terminate your registration at its sole discretion, including but not limited to if it has been inactive for an extended period of time, as determined by Panasonic.
 

21. When you register as a member, you must choose a password. Your password must be used, together with your email address (each a “Unique Identifier”), each time you access your account.  Panasonic may reject any Unique Identifier that you choose, in Panasonic’s sole discretion. You are responsible for keeping your Unique Identifiers confidential.  You must immediately notify Panasonic if you become aware of any unauthorized use of your Unique Identifiers or any other breach of security related to your account.
 

22. You are solely responsible for all activities that occur under your account including, without limitation, all activities authorized or unauthorized, lawful or unlawful, which utilize your Unique Identifiers.  Panasonic is entitled to act on instructions received under your Unique Identifiers. Panasonic cannot and will not be liable for any changes made to your account by another person using your Unique Identifiers, or for any loss or damage arising from your failure to adequately protect your Unique Identifiers. For security purposes, you should record your Unique Identifiers appropriately and close the browser window after the end of each session.
 

23. You may terminate these Terms and your account registration at any time, without cause and with immediate effect by contacting us and sending an email to online@mailus.panasonic.com.au. Panasonic may terminate these Terms and your account at any time, without cause and with immediate effect, by sending an email to the email address supplied by you when registering to use the Site.  In the event of termination, you will immediately cease to use the Site. The provisions of these Terms regarding intellectual property rights, confidentiality, warranty disclaimers, liability limitations and indemnification shall survive any such terminations.
 

24. From time-to-time Panasonic may conduct promotions for members of the Site.  Such activities will be advised to all members through official communications from Panasonic and which will include the terms and conditions specific to each activity. Participation in each activity is conditional upon members accepting the terms and conditions of the specific activity conducted at that time.
 

Online Terms of Sale

 

25. By placing an order (“Order”) on this site (the “Site”) you are making an offer to Panasonic to purchase the products listed in your shopping cart on the Site at that time (the “Products”) upon the terms set out in these terms of sale (“Sale Terms”).
 

26. By placing an Order you warrant that you are over 18 years of age. Panasonic may reject an Order or rescind a purchase contract if it becomes aware that you are not over the age of 18 years old.
 

27. These Sale Terms supersede any other terms related to the sale of the Products appearing on the Site or elsewhere and shall replace and override any other terms referred to by you or in any course of dealing. Upon acceptance of your Order, these Sales Terms constitute the entire contract between Panasonic and you for the supply of the relevant Products.
 

28. Panasonic's Privacy Policy - available here, and to the extent they are applicable, the Terms of Use of this Site from part of, and are hereby incorporated into, these Sale Terms.
 

29. We reserve the right to accept or reject your Order for any reason, including, without limitation an error in your Order or in the material on the Site, failure of your payment, or the unavailability of Product. The contract to purchase a particular Product only comes into existence upon the acceptance by Panasonic of your Order.
 

30. After submitting an Order, the Site will display an order summary including an order reference number and the details of Product(s) you have ordered (“Order Summary”). The Order Summary does not mean that your order has been accepted by Panasonic.
 

31. All Orders are subject to acceptance by Panasonic of your offer to purchase the Product(s). Panasonic will be deemed to have accepted your offer to purchase a Product when we send you an email confirmation containing the details of your Order. If, for any reason, any or all of the Products forming part of you Order:
 

(a)   are or become unavailable;

(b)   cannot be delivered due to an event which is beyond the control of Panasonic, such as (but not limited to) pandemic, storm, flood, earthquake, terrorism, strikes, war or failure any system (eg computer, power); or

(c)   there has been an error in a Product price, part number, description or image on this Site or elsewhere;

 

Then Panasonic will make reasonable efforts to notify you of the reason(s) as soon as possible after becoming aware of the reason(s). In such circumstances Panasonic reserves the right to rescind the purchase contract and cancel your Order (or parts thereof where applicable). Panasonic also reserves the right to rescind the purchase contract and cancel your Order at its sole discretion where there is inappropriate activity or where there is conduct that is in breach (or suspected breach) of the Terms of Use. Where Panasonic cancels your Order, if you have already paid for the Product, Panasonic will provide a full refund for the amount paid as soon as reasonably possible.

 

32. Panasonic may appoint subcontractors to supply or deliver Products and to perform any act of Panasonic contemplated under these Sales Terms.
 

33. Products are subject to availability and some large Products will only be available to certain localities within Australia. Panasonic may allocate sales and deliveries or Products and limit the localities to which large Products are available at its sole discretion.
 

34. Orders will only be accepted by Panasonic where a valid street delivery address is provided within Australia.
 

35. Panasonic may limit the quantity of Products purchased by you at any time at its sole discretion.
 

36. Panasonic may update and/or discontinue Product and/or revise prices for any Product listed as available on the Site at any time without notice to you. The price displayed at the time that you place the Order will continue to apply to you even if the price changes after you place your Order and make the payment for the Order.
 

37. The price of a Product shall be stipulated on the Site at the time of placing an Order. Unless otherwise indicated on the Site, all prices include all Australian taxes but do not include any credit card fee that is payable.  All credit card transaction fees (“Credit Card Fees”) will be calculated and added at the point of payment for the Order. Where delivery charges apply, you must also pay the delivery charge (if any) (“Delivery Charge”) for your Order. Any delivery charge will be shown in your shopping cart. By placing an Order, you agree to pay the price for the Product(s), Delivery Charges and the Credit Card Fees.
 

38. Panasonic must receive full payment of the price of the Products ordered and any other charges (including where applicable delivery or freight charges and credit card payment fees that may apply to your Order) before the Products are delivered to you. You must pay for the Products on each Order by using the payment method(s) available on the Site.
 

39. Delivery of Products will be made in accordance with the Delivery Terms available here. Panasonic reserves the right to make deliveries by instalments in accordance with the Delivery Terms. Title and risk of loss or damage to the Products shall pass to you upon the physical delivery of the Products to the delivery address specified in the Order. Unless you otherwise notify Panasonic to the contrary by email or by telephone to the Support Team at online@mailus.panasonic.com or on 13 26 00 respectively within seven days of the delivery and such notification is confirmed by Panasonic in writing within seven days of its receipt, the Product(s) will be deemed to have been accepted by you in accordance with the Sale Terms.
 

40. You agree and warrant that you are not purchasing the Product(s) for resale or to remove components of the Product(s). Panasonic will be entitled to refuse to accept Orders placed by you if Panasonic believes or suspects, on reasonable grounds, that you will breach this warranty.
 

Returns and your Rights

 

41. Please view the detailed returns information here.
 

42. Consumers who acquire goods and services have a range of rights under the consumer guarantees set out in the Australian Consumer Law that cannot be excluded or modified (“Consumer Guarantees”). Nothing in these Sale Terms is intended to exclude or modify the application of these Consumer Guarantees.
 

43. With the exception of the Consumer Guarantees and any other rights that cannot be excluded (“Non Excludable Rights”), to the fullest extent permitted by law, Panasonic excludes:
 

(a)   any term, condition or warranty that may be otherwise implied into these Sale Terms;

(b)   any liability for loss or damage incurred as a result of or in connection with the negligence of Panasonic or its agents and subcontractors; and

(c)   any liability for consequential loss, including and in relation to any late or non-delivery of the Products or failure of the Products.

 

Australian Consumer Law and Consumer Guarantees

 

44. Australian legislation for consumer protection includes statutory consumer guarantees that cannot be excluded, limited or modified (“Consumer Guarantees”).  These Consumer Guarantees include, but are not limited to, the following:
 

(a)        goods must be of an acceptable quality when sold to a consumer;

(b)        goods are reasonably fit for purpose for which the goods are commonly supplied to the consumer:

(c)        goods must correspond to the description by which they were supplied;

(d)       goods must correspond to any sample or demonstration model by and any description to provided;

(e)        the manufacturer of the goods must will take all reasonable steps to provide spare parts and repair facilities for a reasonable time after purchase; and

(f)        the manufacturer and supplier will guarantee that the goods will satisfy any extra promises made about them

 

45. Panasonic goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to choose a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the goods repaired or replaced if the goods otherwise fail to meet a Consumer Guarantee in the Australian Consumer Law.