These Terms and Conditions of Use (“Terms and Conditions”) apply to your access to Sempai (“Web Site”), the Web sites of Fujitsu Limited and its affiliates (collectively, the “Fujitsu Group”) (“Fujitsu Web Sites”) and to links to other Web sites (“Third Party Web sites”) to which you have direct or indirect access from the Web Site (collectively “Linked Sites”). By accessing the Linked Sites you are also subject to their terms and conditions of use. To the extent that any provisions of the Terms and Conditions herein conflict with the terms and conditions of use of a Linked Site, the terms and conditions of use of the Linked Site shall prevail.
By accessing or using this Web Site, you acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by these Terms and Conditions.
I. Ownership of Rights and Limitation of Use All contents of this Web Site or Fujitsu Web Sites and all copyrights, trademarks and any other intellectual property rights related to these contents are owned by the Fujitsu Group or the owner of such contents. Except to the extent expressly permitted by applicable law, no contents on this Web Site or Linked Sites may be used, copied, modified, translated, distributed or otherwise utilized without the prior permission of the Fujitsu Group or the owner of the contents. The Fujitsu Group reserves the right to add, delete or modify these Terms and Conditions or the contents of this Web Site or Fujitsu Web Sites at any time without notice.
II. Disclaimers of Warranties The contents on this Web Site and Linked Sites are provided "AS IS", without warranties of any kind, either express or implied (including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement of third parties’ rights). The Fujitsu Group does not warrant that the content of this Web Site and the Linked Sites is error free. The Fujitsu Group will use reasonable efforts to place accurate and up-to-date information on this Web Site, but makes no warranty of its accuracy, completeness and/or currency.
III. Disclaimer of Links Except for this Web Site and the Fujitsu Web Sites, the Fujitsu Group does not operate or maintain contents on other Web sites that are directly or indirectly linked from this Web Site or the Fujitsu Web Sites. Any reference to a Linked Site or to the product or service of a specific third party on this Web Site or on the Fujitsu Web Sites is not a recommendation by the Fujitsu Group. The Fujitsu Group disclaims all liabilities resulting from access to or use of Third Parties’ Web sites or of their products and services.
IV. Limitation of Liability FUJITSU GROUP WILL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, CLIENTS, CONTRACTS, FAILURE TO REALIZE EXPECTED COST SAVINGS, LOSS OF USE OR TRANSMISSION OF COMPUTER VIRUSES, LOSS OF RECORDS OR DATA RELATED TO ACCESS, THE USE OF OR INABILITY TO GAIN ACCESS TO OR TO USE THIS WEB SITE OR THE LINKED SITES. THE ABOVE LIMITATION OF LIABILITY APPLIES INDEPENDENTLY OF THE FORM OF ACTION, CLAIM OR DEMAND, INCLUDING THOSE BASED ON CIVIL LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IF SUCH DAMAGES COULD HAVE REASONABLY BEEN PREVENTED BY THAT PARTY.
You agree to defend, indemnify and hold the Fujitsu Group harmless for any loss, damages or costs resulting from any third party claim, demand or action arising from your access to or use of this Web Site or the Linked Sites.
V. Transmitted Materials Any materials, information or ideas that you transmit to or post to this Web Site or Linked Sites (“Transmitted Material”) are deemed non-confidential and non-proprietary, and the Fujitsu Group assumes no liability or obligations—including, without limitation, confidentiality obligations—in connection with the Transmitted Material.
VI. Linking to this Web Site Permission is granted to link to this Web Site if you comply with the following linking policy: your site must not slander or damage the Fujitsu Group or defame the Fujitsu Group, or contain inappropriate content; you may not portray us or our products or services in a misleading or derogatory way; you may not misrepresent your relationship with us; you may not create a frame around Fujitsu Group content or create any impression by any other method that the content does not belong to the Fujitsu Group; you must use our name correctly. This permission terminates automatically if you breach any of these Terms and Conditions or the terms and conditions of any Linked Site. Upon termination, you must remove any link from our Web Site. You may place links to other pages on this Web Site, but specific pages or materials on this Web Site may have unique terms and conditions of use, and you must comply with those terms.
VII. Agreement These Terms and Conditions constitute the complete and exclusive agreement between you and the Fujitsu Group in relation to your use of this Web Site, and supersede and govern all prior proposals, agreements or other communications. If any provision of the Terms and Conditions is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
VIII. Disputes & Governing Law You agree that the laws of the Province of Ontario, and the laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with this Web site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters. This Web Site can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. You agree that if you access this Web Site from another jurisdiction, you are responsible for compliance with local laws.
1.When and Why We Collect Your Personnal Information?
When you purchase products or services from Fujitsu Group, we will ask you to provide us with your name, address, e-mail address, phone and fax numbers, product information, and credit card information so that we may process your order. When you request information on our products and services, Fujitsu Group or one of its business partners will provide you with the requested product and service information.
When you elect to participate in a contest or on-line survey, or to receive newsletters and publication mailings, we will collect your Personal Information to communicate with you and improve our product and service offerings.
2. With Whom Do We Share Your Personal Information?
In the course of engaging in the above noted activities, we may need to share certain of your Personal Information with other parties. In particular:
in the case of product and service inquiries, some consumer information may be shared with another member corporation of the Fujitsu Group or a business partner, such as a computer distributor or reseller, in order that they may properly respond to a request by you to be contacted for sales or service;
in processing consumer transactions, some consumer Personal Information will be provided to payment processing providers;
in providing technical support for the Web site, some Personal Information may be shared with another member corporation of the Fujitsu Group;
in conducting marketing and promotion activities, contact and product information relating to some consumer and customer and business partner representatives will be shared with another member corporation of the Fujitsu Group or a third party marketing and fulfillment service provider;
in the normal course of business, we disclose business information, which may include consumer and customer and business partner representative Personal Information, to some of our legal, accounting or other professional service providers.
In all other cases, we will only disclose your Personal Information with your express consent, unless (i) releasing such information is otherwise required by law or (ii) we have reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interfering with (either intentionally or unintentionally) our rights or property, our customers or partners, or anyone else that could be harmed by such activities.
We take reasonable measures to safeguard the security and confidentiality of your Personal Information that is shared with third party recipients of such information. In particular, we contractually obligate such recipients to: (i) comply with applicable privacy legislation, (ii) abide by Fujitsu Group privacy and Personal Information policies, and (iii) only use your Personal Information for the purpose for which it was originally collected and under our strict instruction.
3. How Long Do We Keep Your Personal Information?
We will keep your Personal Information in hard copy or electronic form for only as long as necessary to fulfill the purposes for which it was collected and as required by law, after which time it will be destroyed or deleted.
4. How Do We Protect Your Personal Information?
Your Personal Information will be stored in hard copy at our offices or electronically on our servers in our Montreal office. Access to your Personal Information will be strictly controlled and restricted to designated Fujitsu Group employees as required for the purposes for which your Personal Information was collected. Our employees are required to treat Personal Information as confidential and may only disclose such information to authorized third parties. We maintain reasonable physical, organization and technical security measures and procedures (e.g. locked drawers/cabinets, employee training, passwords and firewalls) to preserve the security and confidentiality of Personal Information in our possession and to protect this Personal Information against unauthorized or unlawful access, processing, alteration, disclosure, destruction or deletion. These measures are regularly reviewed and upgraded in view of relevant legal and technical developments.
5. How Can You Access Your Personal Information?
You may access or review your Personal Information in our possession by submitting a request to our Privacy Officer, provided such access and review is permitted under applicable privacy laws. You may also challenge the accuracy and completeness of your Personal Information, and require that it be corrected, amended, erased or destroyed, as appropriate. You may request the details of the third parties to which your Personal Information has been disclosed at any time by contacting our Privacy Officer.
6. Questions and Complaints
If you have any questions or comments about this Policy, please contact:
Moreover, when you submit a request for a product purchase or for any other information, your name and e-mail address will have to be collected. Other Fujitsu support sites will also request your address, telephone number and purchase information regarding the product for the purposes of registration and support. The information you provide will not be sold to any outside organization for the purpose of solicitation. Fujitsu Group agents or consultants who have access to your Personal Information will use it solely to deliver the requested services. If you agree, Fujitsu Group may use said information to inform you of the latest products, special offers and information.