AUSTRALIA

You are invited to apply for membership in accordance with the following terms and conditions. Canon Australia Pty Ltd (Canon) has the right to accept any Canon Professional Services (CPS) membership application in its discretion.

Each CPS member is bound by the following terms and conditions:

1. CPS members must be Australian residents or citizens. Members must have purchased their cameras and equipment from an authorised Canon Professional Dealer in Australia or New Zealand.

2. The CPS Member must promptly inform Canon of any changes to the details included in the CPS Member’s membership application form, including changes to the CPS Member’s contact details, professional status and membership eligibility status.

3. There are two levels of CPS membership:

3.1 Silver CPS membership includes:

a. Canon repair provided within 5 working days of arrival at Canon;
b. Pick-up and delivery available at photographer’s cost;
c. 20% repair discount off labour costs;
d. Pre-purchase evaluation of equipment, subject to Canon’s availability; and
e. Three free camera clean and check/sensor cleaning service per annum.

3.2 Gold CPS membership includes:

a. Canon repair provided within 72 hours of arrival at Canon;
b. One-way pick-up or delivery available, free of charge;
c. 30% repair discount off labour and parts costs;
d. Free use of loan equipment up to the equivalent standard of the cameras, lenses and accessories (Equipment) brought in for service or repair, subject to availability. Conditions will apply to the loan equipment;
e. Limited international support, subject to availability; and
f. Five free camera clean and check/sensor cleaning, per annum.

4. 4.1 To be eligible for Silver membership, individuals must do all of the following:

a. Pay a $75 annual membership fee to Canon through the CPS website;
b. Demonstrate ownership of two Canon EOS cameras with minimum specifications of 5D-series bodies and at least two L-series lens; and
c. Be a full-time Professional Photographer, as defined in Clause 5;

4.2 To be eligible for Gold membership, individuals must do all of the following:

a. Pay $100 annual membership fee to Canon through the CPS website;
b. Demonstrate ownership of two Canon EOS cameras with minimum specifications of 1D-series and 5D-series bodies and at least three L-series lens; and
c. Be a full-time Professional Photographer, as defined in Clause 5

5. A Professional Photographer is someone who generates the majority of their income from photography and operates through a registered business. Canon may need to confirm this with two referees nominated by the applicant.

6. Canon will confirm if it has accepted your application for memberships after reviewing the qualification criteria.

7. Canon will process your fee at the time of application and prior to its assessment. Payment is only accepted by Visa, Mastercard or American Express. Information will be processed through PCI DSS compliance standards.

8. If your membership application is rejected, you will be formally notified by email, and payment refunded by Canon to card that the fee was paid with. This will occur within 7 working days of Canon’s decision. The full amount of the membership fee will be refunded. Please note: It usually takes 2-3 weeks for a refund to appear against the credit card, and in some cases takes up to 6 weeks, depending on your card provider.

9. All credit card data is entered onto a SSL secured page. The Rapid SSL certificate. This certificate uses 128 bit RC4 encryption during the payment process. Canon does not store credit card data. Canon uses the eWAY payment gateway to process transactions who are PCI DSS certified to level 1. More information on eWAY’s PCI DSS compliance can be found at http://www.eway.com.au/Corporate/PCICompliance.aspx or http://www.eway.com.au/About/PCI-DSS/eWAYandPCI.aspx. Further information on PCI DSS Compliance in general can be found at http://www.eway.com.au/About/PCI-DSS/PCIDSSExplained.aspx

10. CPS Members will be required to pay an annual renewal fee within 12 months of becoming a member. Members will be advised when the membership is due to expire by email and can apply for renewal online via their CPS MyCanon account. Members must continue to meet the eligibility criteria and payment terms to be considered for renewal.

11. The CPS Member’s membership will terminate automatically if the CPS member ceases to comply with the membership eligibility criteria

12. Members are required to enter the details of the cameras, lenses and accessories for which membership benefits will apply. Members will not receive membership benefits in relation to cameras, lenses and accessories if they have not been entered in the MyCanon website.

13. Canon reserves the right to cancel the CPS Member’s membership at any time, at its sole discretion, including in the event that the CPS Member breaches any of these terms and conditions.

14. The following terms and conditions apply to any CPS Equipment:

14.1 The CPS Member is responsible for the collection from, and safe return to, Canon of the Equipment in a timely manner. If the CPS Member is unable to collect or return the Equipment in person, the CPS Member must arrange a secure method of transport (such as courier) at the CPS Member’s expense, within seven days of being advised the Equipment is ready for collection, or as otherwise agreed with Canon in writing beforehand.

14.2 The CPS Member may be required to leave their credit card details with Canon as security for the Equipment , until the Equipment is returned.

14.3 During the loan period (and any extension of it) the CPS Member:

(a) must not permit any third party to use or take possession of the Equipment;
(b) must not, and must not permit any third party to modify or repair the Equipment.

14.4 If the Equipment is on loan from Canon to the CPS Member for the intended purpose of pre-purchase evaluation, the CPS Member may not use the Equipment for commercial purposes.

14.5 The CPS Member acknowledges that all Equipment will be in good order and condition at the commencement of the hire or loan period, except for any defect or damage acknowledged in writing by Canon. The CPS Member must return the Equipment to Canon in the same order and condition.

14.6 The CPS Member indemnifies Canon against any loss of or damage to the Equipment during the loan period, including during transit to and from Canon. The CPS Member is responsible for arranging appropriate insurance for the Equipment during the loan period.

15. The CPS Member must promptly pay all monies owing to Canon on any account, including repair charges, equipment hire fees, late return fees, and compensation for lost or damaged CPS equipment.

16. Canon reserves the right to cancel the CPS program or modify its terms, including the benefits available to CPS members, at any time. Canon will take reasonable steps to notify CPS Members of any such change in a timely manner.

17. By applying for membership, Canon will collect personal information about you so that you can participate in the membership program and Canon can administer the membership. Membership is conditional on providing this information. If you give your consent by "opting in" to receive marketing information, Canon may, for an indefinite period unless otherwise advised, use the information for promotional (including special offers/promotions, newsletters and updates), marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning you.

18. By applying for membership, you consent to the retention and use of your information by Canon as set out in the MyCanon privacy policy. For further details about Canon and how it may use your information and the your rights under privacy laws, please see Canon’s privacy policy at http://www.canon.com.au/about/story_395.html. Members should direct any request to access, update or correct information to the Promoter.

19. Except for any liability that cannot be excluded by law, Canon (including its officers, employees and agents) excludes all liability (including negligence) for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the membership, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Canon’s control); (b) any theft, unauthorised access or third party interference; (c) any pick-up or delivery that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Canon) due to any reason beyond the reasonable control of the Canon; (d) any variation in the membership as stated in these Term and Conditions; or (e) any tax liability incurred by the member.