Terms & Conditions - Canon Professional Services - Canon Vietnam

1. CPS Membership
   Canon Professional Services (“CPS”) is an exclusive membership programme for Canon professional photographers. The CPS membership (“CPS Membership”) allows exclusive access to a select range of benefits provided by Canon in its respective country / region. To apply for CPS Membership, you should submit to Canon an application ("Application") together with the specified supporting documents / information for review by Canon.  Applications are subject to approval by Canon.  You should satisfy the following minimum criteria before you apply:
   (a) you are a professional photographer;
   (b) you own such number of units of EOS 1D series, EOS 5D Series or EOS R Series and/or L series lens purchased from Canon or its authorised resellers in the “Country / Region of Residence” as specified in your Application (“Declared Place of Residence”); and
   (c) you live and work in the Declared Place of Residence.​
2. Modification of Terms
   Canon may, in its sole discretion, decide whether or not to approve your Application. If Canon approves your Application, your CPS Membership will be subject to these Terms as amended from time to time at Canon’s sole discretion. Subject to your rights at law, you agree to be bound by the latest prevailing version of these Terms.  We encourage you to check the latest version of these Terms regularly.  
3. Term
   Your CPS Membership is valid for three (3) years from the date of Canon’s approval of your Application. Your CPS Membership will be renewed after Canon receives your renewal Application and approves the Application. Canon may terminate your CPS Membership at any time on written or electric means of notice without specifying any reason. Neither termination nor expiration of your CPS Membership shall give rise to any refund or affect any of your accrued obligations under these Terms.
4. CPS Card
   If your Application is approved, Canon will issue you with a CPS e-Card. The issue of CPS physical cards ended on 26 April 2022. CPS physical cards already issued can be used until the expiry date of the card. After the expiry date of the CPS physical card, please use the CPS e-Card.
5. Benefits
   Canon may vary the benefits provided under the CPS Membership at any time. The CPS Membership benefits:
   (a) are personal and non-transferable or non-assignable; and
   (b) are subject to production of such proof of CPS Membership and identification as Canon may require.
6. Equipment Loan
   If you loan any equipment under the CPS Membership benefits, such loan will be subject to the following conditions:
   (a) equipment availability;
   (b) prior payment by you to Canon of such deposit or loan fees as Canon may specify; and
   (c) you will return the loan equipment in good working condition to Canon on or before expiry of the loan period, failing which Canon shall be entitled to apply any deposit paid by you to Canon towards Canon's estimate of the cost of repair or replacement of the Loan Equipment (in respect of which Canon’s decision will be final); and
   (d) you shall indemnify Canon against all damage, loss or theft of the loan equipment and claims in connection with your use of the loan equipment.
7. Fee
   CPS Membership Fee is currently waived for your initial CPS Membership term. Renewal of your Membership is subject to such fees as Canon may notify.  
8. Notification of change
   You must notify Canon promptly of any change in the details submitted in your Application. The extension of the CPS benefits to any Canon professional photographic product you purchase after the commencement date of your CPS Membership will be at the sole discretion of Canon. Canon reserves the right to require you to provide such supporting documents or information in respect of your update in Application details.
9. Limitation of liability
   Canon and its subsidiaries or affiliates (collectively, “Canon Group Companies”) shall not be liable to you or any third party whosoever for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangibles losses (even if Canon or any Canon Group Company has been advised of the possibility of such damages) arising out of or in connection with the CPS Membership (including its benefits)  
10. No warranty
    All CPS Membership benefits are provided on an “as is” basis, and Canon expressly disclaims any warranty of condition, whether express or implied, including, but not limited to, warranty of merchantability and fitness for a particular purpose.
11. Personal Data
    You agree that Canon may collect, use, disclose or transfer personal data which you have submitted for all matters in relation to CPS Membership (including its benefits) and in accordance with the latest Privacy Policy available at https://vn.canon/privacy. Without prejudice to the generality of the foregoing, you agree that Canon may disclose/transfer such personal information to Canon Inc. and Canon Singapore Pte. Ltd. and any of their subsidiaries, affiliates or sub-contractors and use or cause them to use such personal information for and in connection with the specified purposes of use. Your information may be stored and processed outside your Declared Place of Residence and you consent to any such storage and processing of information outside your Declared Place of Residence.
12. Indemnification
    You agree to hold harmless and indemnify Canon from and against any damages, liability, claims, losses and expenses (including, without limitation, litigation costs and attorney's fees) arising out of or in connection with your violation of these Terms.
13. No authority
    Your CPS Membership shall not be construed as being granted by Canon any authority to act for or represent Canon or its affiliates and subsidiaries. You shall not have any right to use any trade names, trademarks, logos and/or any other intellectual property rights of Canon or its affiliates and subsidiaries.  
14. No waiver
    A failure of Canon to exercise or enforce any of these Terms shall not constitute a waiver of such right or provision and shall in no way affect Canon’s right to later enforce or exercise it.
15. Severability
    If any of these Terms are found by a court of competent jurisdiction to be invalid, you agree that it shall not affect the validity or enforceability of the other Terms which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof.
16. Notice
    Canon may contact you or send you notice via e-mail or in any manner which Canon deems suitable and which is reasonably likely to reach you. The notice provided in this Section will be deemed to have been given on dispatch.
17. Definition of Canon and Choice of Law and Forum
    In these Terms, “Canon” shall mean one of the following legal entities, and if there is a dispute between you and Canon related to these Terms or your CPS Membership, the laws and dispute settlement procedures set out below shall apply:
    (a) If you are a resident in Singapore, “Canon” shall mean Canon Singapore Pte. Ltd. (Website: https://sg.canon), and disputes shall be governed by the laws of Singapore and submitted to the non-exclusive jurisdiction of the Singapore courts;
    (b) If you are a resident in Malaysia, “Canon” shall mean Canon Marketing (Malaysia) Sdn Bhd  (Website: https://my.canon), and disputes shall be governed by the laws of Malaysia and submitted to the non-exclusive jurisdictions of the Malaysian courts;
    (c) If you are a resident in Indonesia, “Canon” shall mean Canon Singapore Pte Ltd’s authorised distributor in Indonesia, P.T. Datascrip (Website: https://id.canon), and disputes shall be governed by the laws of Indonesia and submitted to the non-exclusive jurisdiction of the Indonesian courts;
    (d) If you are a resident in Vietnam, “Canon” shall mean Canon Singapore Pte Ltd’s authorised distributor in Vietnam, Le Bao Minh Corporation (Website: https://vn.canon), and disputes shall be governed by the laws of the Vietnam and submitted to the non-exclusive jurisdiction of the Vietnamese courts;
    (e) If you are a resident in Thailand, “Canon” shall mean Canon Marketing (Thailand) Co., Ltd.,   (Website: https://th.canon), and disputes shall be governed by the laws of the Thailand and submitted to the non-exclusive jurisdiction of the Thailand courts;
    (f) If you are a resident in India, “Canon” shall mean Canon India Pvt. Ltd., (Website: https://in.canon), and disputes shall be governed by the laws of India and submitted to the non-exclusive jurisdiction of the Delhi courts; 
    (g) If you are a resident in Taiwan, “Canon” shall mean Canon Marketing Taiwan CO., LTD. (Website: https://tw.canon), and disputes shall be governed by the laws of Taiwan and submitted to the non-exclusive jurisdiction of the Taiwanese courts; 
    Canon shall be entitled to transfer or assign all its rights and obligations under these Terms and the CPS Membership.   
18. Contact Information
    Contact Canon at: https://cps.asia.canon/vietnam/en/contact-us

Last modified: 26 APRIL 2022

Version: 2.0