TERMS AND CONDITIONS


Welcome to the Nikon Professional Services scheme (the “Scheme”) which is provided subject to the following terms and conditions (the “Terms and Conditions”).

1. Who we are and how to contact us


Nikon UK, Branch of Nikon Europe BV (“Nikon UK”)
1 The Crescent
Surbiton
Surrey
KT6 4BN
United Kingdom

Contact email: npsenquiries.uk@nikon.com

Nikon UK provides the Scheme to you (“You”) on the basis of these Terms and Conditions.

Please read these Terms and Conditions carefully before applying to become a member of the Scheme. When applying for membership, you are confirming that you have read and agreed to be bound by these Terms and Conditions.

Nikon UK recommend that You print a copy of these Terms and Conditions for future reference.


2. Eligibility to become a member of the Scheme


2.1 The Scheme is open to anyone who:
(a) is engaged as a full-time professional photographer or who derives their main source of income from photography;
(b) is resident within the United Kingdom or the Republic of Ireland;
(c) is aged 18 or over; and
(d) owns, or as a part of their profession uses, at least six Nikon products from the eligible equipment list, two of which must be camera bodies.

2.2 The Scheme is only available to individual members who register in their own name using their own email address and is not available to corporate bodies or any other legal entities. No group or corporate memberships will be accepted.

2.3 If You have previously been a member of the Scheme (or any other Scheme provided by Nikon UK) and Nikon UK has terminated your membership from that scheme (for any reason other than ineligibility), you may not be eligible to become a member of the Scheme and Nikon UK reserves the right to decline your application for membership.


3. How to become a member of the Scheme


3.1 Applications to become a member of the Scheme can be made at nps.nikon.co.uk.

3.2 Nikon UK reserves the right to require You to provide evidence that You satisfy the eligibility requirements set out in paragraph 2.


4. Membership of the Scheme


4.1 Membership of the Scheme is personal to You. You may not transfer any of your rights and obligations under your membership to another person.

4.2 Nikon UK in its sole discretion reserves the right, without reason, to decline any application for membership or to cancel your membership at any time.

4.3 During the term of your membership, You are required to promptly inform Nikon UK of any changes to the information You have provided to Nikon UK, including but not limited to, your contact details, employer and the details of your registered Nikon products and/or equipment. This can be carried out via your online membership account.

4.4 If You choose, or You are provided with, a user identification code (such as a membership number), password or any other piece of information as part of our security procedures, You must treat such information as confidential.


5. Duration of Membership and Renewal


5.1 Unless terminated earlier in accordance with these Terms and Conditions, your membership is valid for a term of two (2) years (“Term”).

5.2 At the end of each Term, You must renew your membership using your online account should you wish to remain a member of the Scheme.

5.3 Should You no longer meet the eligibility requirements of the Scheme set out in paragraph 2, you will not be eligible to renew your membership of the Scheme.


6. Membership benefits


6.1 Membership of the Scheme will provide you with access to a wide range of benefits including:

(a) Professional Support
A dedicated free-phone telephone number is available for all members giving direct access to Nikon UK’s support team who can advise on software, firmware and other in-depth technical matters.

(b) Priority Repairs
Nikon Professional Services Priority Repairs is our express turnaround repair service, developed to assist members when their equipment needs urgent attention. Any repairs are subject to Nikon UK’s general terms and conditions of repair. In certain circumstances loan equipment will be made available to members whilst their professional equipment is being repaired. Loan equipment is subject to availability and Nikon UK does not guarantee the provision of identical pieces of equipment. Loan equipment is provided subject to the Loan Equipment Terms and Conditions in paragraph 7.

(c) International Service & Support
Membership allows You to use the priority repair and service facilities at the majority of our overseas subsidiaries and service facilities subject to their discretion and capacity. Please note that loan equipment will not be made available to members whilst their professional equipment is being repaired in any overseas subsidiaries and service facilities

(d) Support Depots
Membership can be used to identify professional status at Nikon Professional Services depots where Nikon UK offer support at major events both nationally and worldwide. These facilities offer checks and minor repairs to members’ equipment. In most cases, subject to availability, a full loan facility will also be in operation for the duration of the event. Loan equipment will be subject to the Loan Equipment Terms and Conditions in paragraph 7.

(e) Priority Allocation
This is a priority allocation scheme for selected new professional products, available to members only. This scheme is not available for all products and is only available for a limited time.

(f) Nikon School
Members are entitled to a 10% discount when booking one of our digital imaging training courses. Further details of the courses available can be found on the Nikon School website.

(g) Nikon Pro Magazine
All members will receive a free subscription to the award-winning Nikon Pro magazine (in both the printed and tablet version), our European magazine for professionals.

6.2 In its absolute discretion, Nikon UK reserves the right to alter, amend, change, modify or withdraw any of the membership benefits that comprise the Scheme, without notice. You acknowledge that not all benefits may be available to You at all times or in all locations.

6.3 Any benefits used by You under the Scheme are to be for the benefit of You only. You may not claim any benefits for the advantage of any other person or for any equipment which is not owned by you.

6.4 Any Nikon UK product purchased by You is subject to the terms and conditions of purchase and this Scheme does not affect or alter the rights granted to You under those terms and conditions (such as warranty period or guarantee). Where a product is out of warranty, You will be responsible for paying for all costs associated with its repair in accordance with the general terms and conditions of repair.


7. Loan Equipment Terms and Conditions


7.1 Any loan equipment (“Loaned Equipment”) provided to You will be provided by Nikon UK at its absolute discretion.

7.2 You acknowledge that any requests for Loaned Equipment will be reviewed by Nikon UK on a case by case basis and are subject to Nikon UK’s approval and availability.

7.3 You acknowledge and agree that the Loaned Equipment is loaned to you solely for use in accordance with these Terms and Conditions and any other instructions provided to you by Nikon UK.

7.4 You acknowledge that all Loaned Equipment is owned by Nikon UK and may not be loaned, sold, encumbered or otherwise transferred to a third party.

7.5 You agree to:

(a) ensure that the Loaned Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner in accordance with any operating instructions;

(b) take such steps (including compliance with all safety and usage instructions provided by Nikon UK) as may be necessary to ensure, so far as is reasonably practicable, that the Loaned Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained;

(c) maintain at your own expense the Loaned Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the date it was provided to you (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Loaned Equipment; and

(d) not part with control of (including for the purposes of repair or maintenance), sell or offer for sale or lend the Loaned Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it.

7.6 You will return the Loaned Equipment as directed at the end of the loan period subject always to the right of Nikon UK to recall any item of Loaned Equipment, for any reason and at any time upon notice.

7.7 In the event that You fail to return the Loaned Equipment when due, Nikon UK reserves the right to invoice You for the full retail value of the Loaned Equipment, such invoice to be payable within thirty (30) days of receipt.

7.8 Without limitation to any other right available to Nikon UK, failure to return any Loaned Equipment and/or pay any invoice issued by Nikon UK may result in the suspension or termination of your membership.


8. Ending Your Membership


8.1 You may end your membership of the Scheme at any time by email or telephone (0800 652 9580 or 016983573 from ROI- Option 3).

8.2 In its absolute discretion and without limiting its other rights or remedies, Nikon UK shall have the right to terminate your membership at any time upon written notice to You if you breach any of these Terms and Conditions, if, in the opinion of Nikon UK, your conduct in using the Scheme is deemed to be unacceptable or if Nikon UK subsequently discovers that any information provided by You was misleading or false.


9. Liability of Nikon UK


9.1 Nikon UK excludes all implied conditions, warranties, representations or other terms that may apply to Scheme.

9.2 Nothing in these Terms and Conditions shall limit or exclude Nikon UK’s liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation; or

(c) any matter in respect of which it would be unlawful to exclude or restrict liability.

9.3 Subject to paragraph 9.2, Nikon UK will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Scheme.

9.3 In particular and subject to paragraph 9.2, Nikon UK will not be liable for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(c) loss of anticipated savings;

(d) loss of business opportunity, goodwill or reputation; or

(e) any indirect or consequential loss or damage.


10. General


10.1 Nikon will use your personal information and data as set out in our privacy policy.

10.2 Any notice to be given under these Terms and Conditions shall be in writing, which shall include electronic communication to the email address you provide.

10.3 These Terms and Conditions may be updated by Nikon UK from time to time without prior notification to You. Although Nikon UK will endeavour to inform you of any substantial changes to these Terms and Conditions, you should review the Nikon UK website for updates on a regular basis.

10.4 These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

10.5 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.