Terms of use

OKI Data Australia provides this web site as a service to you. Using the web site and the information it contains, means that you accept the terms of use on this page.


Background

You access the OKI website subject to these Terms of Use, the OKI Privacy Policy, notices, disclaimers, any other terms and conditions or other statements contained on this website, and, if you use any of the services identified on this website for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (referred to collectively as Terms of Use). By accessing, viewing or otherwise using this website, you agree to be subject to these Terms of Use.

Scope of Site

This site is intended to be useful to our existing and prospective customers and suppliers, and users of our products in Australia.
If you are not based in this region, please consult the links available through our world headquarters site, here: www.oki.com or if you are in the US or Japan, go to the following sites: which are reserved for you www.okidata.com or www.oki.co.jp.

Use of the Website

You must use the Website in accordance with these Terms.  
By using the Website you warrant that you are over 18 and legally capable of entering into a binding contract. 
Use of the Website other than in accordance with these Terms is a material breach of this Agreement. We may monitor your use of the Website to ensure that you are following the Terms.
You must not attempt to damage the Website in any way or introduce any virus or harmful code to the Website. 
As we consider necessary in our discretion, we can temporarily or permanently restrict your access to the Website or revoke any account you hold with us.

Acceptable use

You must not use this website:
 (a) in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
 (b) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
 (c) to transmit or send unsolicited commercial communications; or
 (d) for any purposes related to marketing without OKI’s express written consent.
You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

Information on the Website

The content of the Website is for your general information and use and our Website and Service may be subject to change without notice.
We endeavour keep the Information on the Website up to date, but any Information on the Website may be subject to inaccuracies or change.
All product information on the Website is provisional only and is subject to change. You should always confirm any product information before placing an order through the Website. 
No Information on the Website is to be treated as an offer, representation or warranty, or as forming part of any contract.
The Website may contain links to or advertisements from other third party websites. We do not endorse the content of these advertisements or websites nor provide any warranties regarding the accuracy of their content. 
We do not warrant that the Website will be uninterrupted, error-free or free from viruses or harmful code. 

Status of Information and Disclaimer of Liability

We try to keep the information on this site up to date, but cannot promise that it will actually be fully accurate or up to date at all times. In particular, certain products or services may not be available in your country. For confirmation of the status of any particular information, please contact your local operating company via the country selector on each page of the web site.
All product information here is to be regarded as provisional only, and subject to change at any time. It should always be confirmed before any order is placed. No information on this site is to be treated as an offer, representation or warranty, or as forming part of any contract.
OKI will not be liable for any loss or damage resulting from reliance on any information on or software downloaded from this site, whether or not it results from OKI negligence, so please check any information carefully. This statement is subject to applicable law, and does not affect any liability OKI may have under Australian law for death or personal injury resulting from its negligence.
OKI will not in any circumstances be liable for any indirect or consequential loss, including (as non-exclusive examples only) business interruption or loss of profit.

Use of cookies

OKI collects and analyse certain information from visitors to our web sites to help us to improve and develop the service they offer. The personal user is not identifiable from this information, even with other information in our possession. It may include for example the IP address of the visiting computer, the type of browser it is using, and the pages of the site visited. We use cookies to provide this information.
A cookie is a small file that a website puts on a user's hard disk. This file identifies specific information about previous visits to the website.

How does OKI use cookies?

We use cookies to recognise repeat visits to our website and to facilitate Web navigation. The cookie stores the user's country and language preferences, and an assigned random session ID.
The cookie information that we collect on our website helps us track the number of new and repeat visitors as well as enables internal analysis of pages visited to provide better understanding of usage patterns. We use this information to continually improve the navigation of our website and the services we provide.

Can I block cookies?

Most browsers automatically accept cookies by default, but you can usually refuse cookies or selectively accept certain cookies by adjusting the preferences in your browser. If you do not want us to use cookies in your browser, you can set your browser to reject cookies or to tell you when a website tries to put cookies on your computer. However, if you turn off cookies, there may be some features of our site that will not be available to you and some Web pages may not display properly. You can find information on popular browsers and how to adjust your cookie preferences at the following websites:
 
Chrome  Click here
Firefox  Click Here 
Internet Explorer  Click Here 
Safari  Click Here 
Android  Click Here

Software Downloads

OKI or its licensors own the copyright in all software available for downloading from this site. You may not use the software unless you accept the terms of the licence agreement applicable to it, which will be displayed as part of the installation procedure.
Software can be corrupted in transmission and use of any such software is at your own risk.

Copyright in Text and Images

The copyright in all text and images on this site belongs to OKI or its licensors. You may view it, download and print it for your own reference only, and for circulation strictly within your own organisation, but may not modify or make any further use of it or copy it to any other person, or make any commercial use of it whatsoever, without OKI's specific written permission.

Your license to use the OKI website

Unless otherwise stated, OKI owns the intellectual property rights in the website and material on the website. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the limitations set out below and elsewhere in these Terms of Use.
All of OKI’s intellectual property rights are reserved.
You may view the OKI website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of OKI or, in the case of third party material, from the owner of the copyright in that material.

Trademarks and products named in connection with third party products

"OKI", the OKI logo and MICROLINE are registered trademarks of OKI Electric Company Limited, and are used under licence by OKI and its subsidiaries.
The following are trademarks or registered trademarks belonging to third parties:
"Microsoft" and "Windows" (and editions and versions of Windows) are trademarks of Microsoft Corporation.
iPad, iPhone, iPod, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. AirPrint and the AirPrint logo are trademarks of Apple Inc.
Google Cloud Print is a trademark of Google Inc.
These and any other third party trademarks are used on this site merely to refer to the trademark proprietor or its products. Their use is not intended to imply any connection between OKI or its products and the trademark proprietor or any of its products, nor any endorsement of OKI's products by the trademark proprietor.
If an OKI product is described on this site as being intended for use, or compatible, with any third party product, that description is not intended to imply that OKI's product has been endorsed or approved in any way by that third party.

Links

You may link to this site only if your link opens the permitted page on OKI’s Australian website in a new and independent window, with no frame, side bar, floating window, or other text or image not created by OKI Printing Solutions, visible at the same time as our page. Any link in breach of this term infringes our copyright in this site.
Some of the links provided for you on this site will take you to sites operated by third parties, over which OKI has no control. OKI will not be responsible for anything you find there or anything that happens there. In order to use third party sites you may have to accept the site operator's terms and conditions, and these may or may not be accessible from the point where you arrive. Nevertheless your use of any such site is subject to your acceptance of any terms imposed by the operator.

User ID and Passwords

Access to certain areas of this website is restricted. OKI reserves the right to restrict access to any areas of this website, or indeed this entire website, at OKI sole discretion.
You may have a user ID and password. You are responsible for maintaining the confidentiality of your user ID and password information and are fully responsible for all conduct carried out under this user ID and password.
OKI is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. OKI requests that you promptly report to it any unauthorised use of your password.
OKI may disable your user ID and password in OKI sole discretion without notice or explanation.

User Material

Material you provide to OKI or submit on this website (User Material), for whatever purpose is provided or submitted on the basis that you grant to OKI a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute this User Material in any existing or future media. You also grant to OKI the right to sub-license these rights, and the right to bring an action for infringement of these rights.
The content of User Material must not:
 (a) be illegal or unlawful;
 (b) infringe any third party’s legal rights;
 (c) have been the subject of threatened or actual legal proceedings or any other such complaint; and
 (d) be capable of giving rise to legal action whether against you or OKI or a third party (in each case under any applicable law).
OKI reserves the right to edit or remove any material, including but not limited to User Material, submitted to this website, or stored on OKI’ servers, or hosted or published upon this website.
Notwithstanding OKI rights under these Terms of Use in relation to user content, OKI does not undertake to monitor the submission of such content to, or the publication of such content on, this website. 

Use of your personal information

We collect and use your personal information in accordance with our Privacy Policy, assessible at www.oki.com/au/printing/privacy-policy/. By your continued use of the Website you agree to and have read our Privacy Policy.
In the event of a data breach or breach of the Privacy Act 1988 (Cth), we will endeavour to notify you as soon as reasonably possible.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. OKI makes no representations or warranties in relation to this website or the information and materials provided on this website.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Guarantees under the Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law and you have rights under the Australian Consumer Law for major and minor failures. 
To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law. 
The type of remedy we will offer you may vary depending on how long it takes you to make a claim. 
Any disclaimer or warranties and liability limitations apply subject to any rights you have under the Australian Consumer Law.

Limitations of liability

OKI will not be liable to you (whether under contract, torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
 (a) to the extent that the website is provided free-of-charge, for any direct loss;
 (b) for any indirect, special or consequential loss; or
 (c) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if OKI has been expressly advised of the potential loss.
To the extent permitted by law, we will not be liable to you or any other third parties for indirect and consequential loss arising from or connected to the Agreement in contract, negligence or otherwise, including but not limited to business interruption and loss of profit. 
To the extent permitted by law, we exclude all representations and warranties, expressed or implied but not limited to those relating to fitness for a particular purpose, accuracy, timeliness, performance, or completeness. 
By using this website, you agree the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think the exclusions and limitations of liability set out in this website disclaimer are reasonable you must not use this website.

Other parties

You accept that, as a limited liability entity, OKI has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against OKI’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect OKI’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as OKI.

Indemnity

You hereby indemnify OKI and undertake to keep OKI indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by OKI to a third party in settlement of a claim or dispute on the advice of OKI legal advisers) incurred or suffered by OKI arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

Third party sites

This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under OKI’s control and OKI is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. The linked websites are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site(s) or the products or services provided there. You access those sites and use their products and services solely at your own risk.
OKI does not represent that the content or services available from third party sites are appropriate or available for use in all parts of Australia. Subject to any non-excludable rights, OKI disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit. OKI reserves the right to prevent third parties from linking to this website.

Breaches of these Terms of Use

Without prejudice to OKI other rights under these Terms of Use, if you breach these Terms of Use in any way, OKI may take such action as OKI deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

General

These Terms of Use may be amended at any time without notice to you. Revised Terms of Use will apply to the use of this website from the date of publication of the revised Terms of Use of this website. You agree you must check this page regularly to ensure you are familiar with the current Terms of Use.
Your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms of Use will represent an agreement by you to be bound by the Terms of Use as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Terms for users outside Australia

These Terms take effect to the fullest extent permitted by law in the applicable jurisdiction.

Dispute resolution

In the case of any dispute or difference arising in relation to these Terms (Dispute), the Dispute will first be discussed between you and us. 
If we cannot jointly resolve the Dispute within 10 business days, the Dispute will be referred, at the request of either party, for mediation in accordance with the rules and procedures of the Australian Commercial Disputes Centre (ACDC), by a mediator appointed by the ACDC. 
Each party must continue to perform its obligations during the period of any Dispute, except to the extent prevented by the nature of the Dispute. 
Each party must bear its own costs of the mediation. 
A party must not commence any proceedings, other than an application for urgent interlocutory relief, until it has complied with the provisions of this clause.

Law and jurisdiction

The site (excluding any linked third-party sites) is controlled by OKI. By accessing this site, you accept that any disputes about this site or the Content are to be determined by the courts having jurisdiction in New South Wales in accordance with the laws in force in New South Wales (subject to the application of any principle of conflict of laws inconsistent with this requirement).This site may be accessed throughout Australia and overseas. OKI makes no representation that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
If you are not based in Australia, please consult the other links on the Website, namely:
• If you are in US: www.okidata.com;
• If you are in Japan: www.oki.co.jp; and
• If you are anywhere else: www.oki.com
Certain products or services may not be available in your country. If you need specific confirmation of any information, please contact your local operating company. Contact details can be found through the country selector on the Website.
These Terms may be updated from time to time. You should check the Website for any changes. 
If you have any questions or issues with these Terms, please contact us at:
OKI Data Australia Pty Ltd, PO Box 303, North Ryde BC NSW 1670.

[Terms revised 05/07/2019]

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