Terms of Use v3.0

Canon Professional Services Membership

These Terms of Use apply to Canon Professional Services (“CPS”) membership and use of any CPS Membership benefits as set out herein. Canon may update these Terms of Use from time to time without notice to you. You should review the current Terms of Use periodically by visiting your CPS account on-line or by requesting a copy of the current terms from the CPS Membership admin team.

CPS Membership is offered to you by Canon Europa N.V, whose registered address is Bovenkerkerweg 59, P.O Box 2260, 1185 XB, Amstelveen, The Netherlands under Amsterdam Chamber of Commerce registration number 33166721

1. CPS Membership

1.1 Membership of our free of charge CPS programme provides you with benefits - such as enhanced repair and loan facilities provided by Canon's own specialist repair centres (“Canon Professional Service Centres (PSC) or Customer Experience Centres (CEC)”) or service facilities that have been authorised by Canon to provide CPS services (“CPS Authorised Service Partners”), access to a dedicated CPS helpdesk within Canon, additional information about Canon photo video products and services, product support for accredited photographers at major global events, invitation to members' events around the EMEA region or special Canon offers.

1.2 Access to our free of charge CPS Membership is available within the CPS Participating Countries for the customers over the age of 18, who wish to register themselves as CPS members.

1.3 Membership levels will vary depending on the Canon equipment owned by you (“Canon Equipment”). You can have Red, Silver, Gold or Platinum Membership level, depending on the Canon Equipment you register. To start as a Red Member, though, you do not need to register any Canon Equipment. You can find the explanation of the membership levels here. Please, bear in mind that not all Canon products you register will affect your CPS membership level and gain membership points for you.

1.4 CPS Membership offers different scope of services to the members depending on the region of their residence. You can check what services are available in your country here.

1.5 When you register as a CPS Member and achieve Silver, Gold or Platinum status, you will be eligible for a Welcome Pack which contains your Membership Card. You can request the Welcome Pack from your account and it will be sent to the address you provide. If your Membership level changes at any time after you have received your membership card, a new card will not automatically be issued.

1.6 Your Membership Card and online account page contains your CPS Membership number, which you will need to quote when using any of the CPS benefits such as booking a repair or product discounts.

1.7 Your CPS Membership does not have an expiry date. Your membership level can go up and down as you add or remove registered Canon Equipment. The membership points gained for you by your registered Canon Equipment may go down when your registered Canon Equipment is superseded or is no longer possible for us to service. There is a grace period of 30 days. It means that if we reduce points on your registered Canon product, you are prevented from dropping below your current level for 30 days. This will be displayed on your dashboard when you access your CPS account.

2. How to become a CPS Member

2.1 Registration for CPS Membership is easy: simply register your details and the products you own on-line through canon-europe.com/pro/canon-professional-services/

3. CPS Membership Account

3.1 Your membership account must be held in your own name and should be registered to your own email address (which can be used by Canon to communicate with you and for identification purposes). You will be responsible for registering the correct and accurate information for membership communications.

3.2 You must ensure that your CPS profile is updated with any changes to your registered equipment or to personal information.

4. CPS Membership – Service, Repair & Back-up Loan Benefits

4.1 The Services and benefits to which you are entitled are listed in your Member Dashboard according to your country and level.

4.2 CPS members in those countries where CPS repair or loan of back-up equipment are not available can benefit from Fast Track repairs according to their level when they visit a CPS country which operates repair benefits. Any such repair will be at the discretion of the service facility and subject to capacity. For the avoidance of any doubt, there is currently no loan back-up equipment benefit available to these members regardless of membership level or any visitation to any another participating country.

4.3 Target turnaround time listed in the Service, Repair & Back—up Loan Benefits description shall apply only to a maximum of 3 products being serviced at any given time for each individual member.

4.4 Target Turnaround Times are not guaranteed. However, both Canon and the repair facilities authorised to provide CPS services will endeavour to meet the target times listed above.

4.5 Target Turnaround Times are based on working days (Monday to Friday not including public holidays in the relevant country) and will be deemed to start the working day after receipt of the product by the repair facility and ends on the day the product is ready to leave the repair facility. It does not include time spent in shipment nor any time spent awaiting any customer information necessary to complete the repair, such as missing documentation or acceptance of estimated cost of repair for out of warranty repairs for example.

4.6 Where applicable and subject to availability, a loan of back-up equipment will be offered in the event that target turnaround time cannot be met and will be offered strictly subject to Canon's standard Terms of Loan (a sample of which is shown in the ANNEX) which you will be deemed to have accepted if you accept or request a loan through your CPS Membership.

4.7 Target Turnaround Times and Loan of Back-Up Equipment are only applicable on repairs duly authorised for repair under CPS Membership and identified as such as set out in clause 5 below.

4.8 All repairs provided under this scheme are subject to our Canon Professional Service Centres (PSC) or Customer Experience Centres (CEC) general terms & conditions of repair and that of any Authorised Service Partner providing such services.

4.9 For out-of-warranty repairs, you are responsible for paying all applicable costs associated with servicing of the equipment including (but not limited to) delivery costs and any applicable taxes, fees and levies as may be required in the country where the equipment is submitted for repair, unless these costs are covered as part of your membership benefits.

4.10 All benefits are subject to availability and to change and may be withdrawn or altered at any time at the absolute discretion of Canon. Without limitation, Canon reserves the right to make exclusions or exceptions to the availability of benefits. Local variations to the published membership benefits may also apply.

4.11 Benefits are personal to you and not transferable. Only the registered CPS member may claim benefits under the membership and only in relation to the equipment that is fully registered and legally owned by that member. You may not claim benefits for any other person or any non-registered or partially registered equipment, nor allow any other person to claim benefits on your behalf. A product is deemed to be fully registered when product name, serial number, country of purchase, date of purchase and store purchased have all been completed and the product's points (if applicable) are validated and contributing to your points total.

4.12 No benefit may be claimed retrospectively, i.e. by claiming a benefit that you were entitled to claim but which you did not claim at the time when you were entitled to do so.

4.13 In addition to the benefits set out above, Canon may make additional benefits or promotional offers available to CPS Members based on membership status and level of use of CPS member services including (but in not limited to): repair services, loan equipment; shipping & delivery promotions: surveys and product offers.

4.14 PLEASE NOTE CPS MEMBERSHIP DOES NOT AFFECT NOR EXTEND YOUR RIGHTS UNDER ANY CANON COMMERCIAL WARRANTY PROVIDED WITH YOUR PRODUCT AT THE TIME OF PURCHASE OR YOUR STATUTORY LEGAL RIGHTS.

5. Use of CPS Membership Services and Benefits

5.1 Repair Services:

5.1.1 To utilise the CPS Membership repair or maintenance services simply send your equipment to your local CPS service facility, enclosing a completed Repair Form detailing your request, your name, CPS Membership number and CPS Membership status and affixing a CPS identification sticker (issued to you in the Welcome Pack) in a clearly visible position on the outside packaging of any item you send. In the case of warranty repair, please include a copy of the warranty documentation and proof of purchase.

5.1.2 Only Canon and those service facilities authorised by Canon to perform CPS services can be used for repairs under your CPS Membership. A full list of local facilities can be found here

5.2 Loan of Back-Up Equipment:

5.2.1 If your membership entitles you to the loan of back-up equipment (see clause 3 above) when having your equipment repaired or serviced, your local Canon Professional Service Centre (PSC) or Customer Experience Centre (CEC), or your local CPS Authorised Service Partner will contact you in the event that the target turnaround time cannot be met in order to make arrangements directly

5.2.2 All equipment loaned under this provision is provided strictly on the basis of Canon's standard Terms of Loan (see ANNEX for an example) provided with the loan equipment, which you will be deemed to have accepted if you accept a loan through your CPS Membership.

5.2.3 Loaned back-up equipment can be delivered to any address requested within the CPS participating countries by arrangement with your local facility and may also be available for collection on request.

5.2.4 It is your obligation to return the loan equipment within 5 days of the return of your own equipment to the address stipulated by Canon or the CPS facility that supplied the back-up equipment (or as may be otherwise agreed with Canon in writing).

5.2.5 You must ensure that each and every item loaned is returned in the same condition as supplied and you are responsible for any loss, damage or theft of any equipment on loan to you and may be required to reimburse Canon for repair or replacement. You are advised to consider taking out suitable insurance to cover any equipment on loan to you.

5.2.6 Canon disclaims and excludes all liability in respect of any equipment loaned to you to the maximum extent permitted by law.

6. Cancellation of Membership

6.1 You are entitled to disable your CPS Membership at any time. You can do so by contacting the local CPS Membership admin team in writing by email or through Contact CPS Priority Support within your account.

6.2 Your CPS Membership and account may be disabled or terminated immediately by Canon if you breach of these Terms of Use or if, in the absolute discretion of Canon, you are found to have been using your membership and/or the services offered hereunder in an inappropriate manner at any time.

6.3 In addition, Canon reserves the right to disable any membership in its absolute discretion if it suspects theft or fraud.

7. Personal Data

Check our Consumer Privacy Policy to understand how we use your personal data and how you can exercise your individual rights.

8. Miscellaneous

8.1 Address your queries and complaints relating to CPS Membership to the local CPS Membership admin team found here or through Contact CPS Priority Support within your account.

8.2 Membership of CPS is strictly subject to these Terms of Use. If at any time you decide you do not wish to be a member or you do not accept these Terms of Use, you should cancel your membership as described in Clause 7 of these Terms of Use.

8.3 Canon reserves the right to change these Terms of Use at any time including, without limitation, membership levels and benefits and may implement changes or updates from time to time without notice to you and as such you should review the CPS website periodically. However, Canon will endeavour to communicate and highlight any major changes to the terms.

8.4 If any term or condition is not strictly applied or adhered to by Canon at any time, it shall not prevent Canon from choosing to strictly apply that term or condition or any other term or condition at any other time.

8.5 These Terms of Use are governed by the laws of the England and Wales and the non-exclusive jurisdiction of the English courts.

Annex

Canon Loan Service - Terms of Loan (example):

Canon Europa N.V. or its subsidiary Canon regional sales office (“Canon“) agrees to loan to me, without charge, the items overleaf and related accessories as described in the Loan Order (collectively, the “Equipment”). I agree that my use of the Equipment will be subject to the following terms and conditions:

1. The Equipment is for my personal use in accordance with the terms of this agreement, and I will not lend the Equipment to any third party.

2. I recognize that Canon reserves the right to recall any item of Equipment, for any reason, at any time upon notice. All Equipment will be returned to Canon using the provided shipping labels (where applicable), either within 5 working days of receiving my repaired product or the within the period of time specified in each Loan Order, or at such earlier times time if Canon should request its return. Failure to return the Equipment to Canon when requested or required will result in Canon’s invoicing me for the full manufacturer’s suggested list price for the merchandise.

3. I will return the Equipment at the designated return time, in good, working condition, reasonable wear and tear expected. I agree to use my best efforts to protect the Equipment against shock, impact, water damage, sand, dirt and other harmful substances which may damage the Equipment. I acknowledge and agree that I bear all risk of loss or damage to the Equipment while the Equipment is in my possession and until its receipt by Canon. I agree to reimburse Canon for the cost of any repairs to, or replacement of, the Equipment necessitated due to mishandling, carelessness or neglect while on loan.

4. I agree to use the Equipment in accordance with published Canon instructions. Under no Circumstances will I perform any maintenance or repair on the Equipment. If maintenance or repair on the Equipment is necessary, I will contact Canon for further instructions.

5. I acknowledge and agree that the Equipment is loaned to me “AS IS.” There are no warranties of any kind, express or implied, relating to the use or performance of the Equipment, and any and all such warranties are expressly disclaimed, including implied warranties of merchantability and fitness for a particular purpose. Canon shall not be liable for any damages including without limitation, personal injury, property damage, lost profit or other direct, special, incidental or consequential damages, arising out of this agreement or the use or inability to use the equipment.

6. I understand that I am liable for the return costs and am responsible for arranging the shipment back to Canon, unless otherwise agreed with by Canon in advance.

I understand my responsibilities regarding the Equipment as set forth in this Agreement, and I personally guarantee the return of this Equipment, or payment for any part not returned, when recalled by Canon.