CANON PROFESSIONAL SERVICES (CPS) MEMBERSHIP TERMS AND CONDITIONS - AUSTRALIA

If you meet the eligibility criteria, you are invited to apply for membership to Canon Professional Services (CPS) in accordance with the following terms and conditions. Canon Australia Pty Ltd (Canon) has the right to accept or reject any CPS membership application in its sole discretion.

If you need to contact Canon, please call 1800 804 240.

By submitting an application, or participating in the CPS membership program, you agree to the following terms and conditions:

Eligibility Criteria

1. To be eligible for, and maintain membership, you must be:
   • An Australian resident who is 18 years of age or over;
   • A full-time professional Photographer and/or Videographer as defined in clause (2);
   • Demonstrate ownership of a sufficient level of Eligible Products in order to hold either a Silver, Gold or Cinema Membership; and
   • Be or become a MyCanon member and register your Eligible Products in MyCanon.
2. A full-time Professional Photographer or Videographer is someone who generates the majority of their income from photography or videography (or both) through a registered Australian business, or through their employment by a registered Australian business.
3. The “Eligible Products” for Silver, Gold and Cinema Membership are specified on the CPS Website. You can also contact Canon for this information. A product will only qualify as an Eligible Product if it was distributed by Canon Australia via its Canon Store or its authorised Canon Australia retailers (refer to clause (22)
4. Eligible Products and the requirements for membership may be updated from time to time in Canon’s sole discretion.
5. Members will be notified by email if a product is removed from the list of Eligible Products. From the time of notification, members can continue to receive Membership Benefits on that product, and may count that product towards their eligibility for membership until:
   • the end of the current Membership Year; or
   • for 6 months from the date of notice (whichever is longer).
6. You must meet, and continue to meet, the eligibility criteria specified above throughout the course of your membership.

Application Process

7. You can apply for membership by filling in the application form online. If you need assistance completing the application form, you can contact Canon.
8. You will need to supply the ABN of your business or the ABN of the business that employs you (as applicable).
9. After you submit your application, Canon may need to confirm your eligibility with two referees nominated by you. Canon may also need to verify your identity by requesting additional information, such as a driver’s licence number. Membership is conditional on providing this information.
10. You agree that Canon may undertake identity checks which may include searches under the Document Verification Service provided by government (DVS).
11. Canon will review your application and your eligibility and confirm if it has accepted your application by email within approximately 2 working days of your submission.
12. Canon may choose to reject your membership application (or renewal) for any reason, in its sole discretion. If your membership is rejected, your membership fee will be refunded in accordance with clause (32).

Annual Membership Fees and Automatic Renewal

13. The annual membership fees (including GST) are $75 for Silver Membership, $100 for Gold Membership and $200 for Cinema Membership.
14. Payment must be made using the available payment methods.
15. You are required to pay the membership fee upon submitting an application. Membership is for 1 year from the date your application is accepted by Canon.
16. The “Membership Year” commences on the date an application is accepted by Canon or on the date a membership is renewed, and ends on the 365th day. To maintain your membership for subsequent Membership Years, you need to pay the membership fee on the first day of each new Membership Year. If you do not pay your membership fee by the due date, your membership will cease.
17. Subject to you continuing to meet the eligibility criteria described in clauses (1) - (6), and unless your membership is cancelled in accordance with these terms and conditions, your membership is renewed automatically and your fees charged via your chosen payment method on an annual basis. For example, if your initial membership application is accepted by Canon on 1 December 2016, Canon will charge you again on 1 December 2017 and your membership will be renewed for a further year. If your membership application is accepted by Canon on 29 February, your membership will be renewed, and your fees charged thereafter on each 1 March.
18. Canon will remind you by email 2 weeks before your membership is due to be renewed. If you do not wish to renew your membership, you can login to MyCanon and cancel the automatic renewal before it is renewed.

Membership Benefits and Accessing Benefits

19. The “Membership Benefits” are as specified on the CPS Website. For a copy of the Membership Benefits you can also contact Canon.
20. To the extent applicable, you may only access Membership Benefits on Supported Products you own that were distributed by Canon Australia via its Canon Store or its authorised Canon Australia retailers and you will need to provide proof of purchase to verify this before accessing the benefits.
21. “Supported Products” are specified on the CPS Website or contact Canon for more information. You must register your Supported Products on MyCanon before accessing Membership Benefits applicable to those products.
22. Canon-branded products that are sourced by end-users, distributors or retailers from any source other than through Canon Australia’s official Canon Store or from an authorised Canon Australia retailer in the Canon Australia distribution channel (including ‘grey’, ‘parallel’ or ‘direct’ imports) are not Eligible Products or Supported Products.
23. In order to take advantage of Service Replacement Loans or Try Before You Buy benefits, you will need to agree to, and sign Canon’s equipment loan form (as updated from time to time). This is a requirement each time you borrow equipment from Canon.
24. Canon reserves a selection of equipment for the Service Replacement Loans and Try Before You Buy programs based on typical demand and the number of CPS members. You agree that access to any loan equipment under the CPS membership program is on a first come, first serve basis. There may be times when the equipment you want is not available.
25. The Membership Benefits apply in addition to any rights you have under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (“the ACL”) or an applicable express warranty.

Changes to the CPS program

26. Canon reserves the right to cancel the CPS membership program or to modify these terms and conditions, the Membership Benefits, or the membership fees, at any time. Canon will notify CPS members of any such change by updating the CPS website and by emailing members.
27. If you are not happy with any changes we make in accordance with clause (26), and except for any changes Canon makes under clause (4), you may cancel your membership by providing Canon with 14 days’ notice by email and Canon will refund the membership fees paid for the current Membership Year.

Cancellation of membership

28. Canon may cancel your membership immediately in the following circumstances:
    • If at any time Canon determines (in its reasonable discretion) that you fail to meet or no longer meet the eligibility criteria specified in clauses (1)-(6) above; or
    • If you breach any of these terms and conditions.
29. You may cancel your membership in the following circumstances:
    • if clause (27) applies;
    • within 14 days of Canon approving your application for membership by logging into MyCanon and cancelling your membership; or
    • by notifying Canon within 14 days after renewal of your membership by logging into MyCanon and cancelling your membership.
30. When your membership is cancelled or ceases for any reason, you will no longer be able to access Membership Benefits.
31. When your membership is cancelled in accordance with clause (29) Canon will provide you with a refund of the membership fee you paid for the applicable Membership Year in accordance with clause (32).
32. If you are eligible for a refund, Canon will process the refund within 3 working days. How long it takes for the refund to appear on your statement or in your account (as applicable) is dependent on your provider and your chosen payment method.

Privacy and security and account details

33. By applying for and participating in the CPS membership program, Canon will collect personal information about you so that Canon can administer the membership. Canon may, for this purpose, disclose such information to third parties, including agents, contractors, service providers, suppliers and, as required, to regulatory agencies. Participation is conditional on providing this information.
34. Personal information collected by Canon in connection with the CPS membership program will be managed in accordance with its Privacy Policy, which contains information about access, correction and complaint processes.
35. It is your responsibility to keep your membership information, including without limitation, your chosen payment method and your email address, up to date so that your membership stays current and you receive important communications from Canon about your membership.
36. You must keep your MyCanon password safe and secure and not disclose it to any third party.
37. Canon does not store your credit card information. Your credit card information is handled and stored in compliance of PCI data security standards through a specialised gateway provider.

Liability

38. Canon does not exclude or limit the application of any provision of any applicable statute (including the ACL) where to do so would contravene that statute, or cause any clause of these terms and conditions to be void.
39. Subject to clause (38) and to the fullest extent permitted by law, Canon’s liability to you arising out of, or in connection with the CPS Membership program or these terms and conditions, is limited to the resupply of the applicable CPS Membership benefit/s, paying for the cost of resupply, or the refund of your membership fees for the current Membership Year.

General

40. You warrant to Canon that all information you supply to Canon in connection with your application and your membership is true and correct.
41. The failure by Canon to enforce any of its rights at any stage does not constitute a waiver of those rights.
42. These terms and conditions are governed by the laws of the State of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.