Nikon Professional Services Member Terms and Conditions
Effective Date: July 1st, 2022
By applying for an initial and/or renewal Nikon Professional Services (“NPS”) Membership (collectively, an “NPS Membership”) from Nikon Canada inc. (“Nikon”), you agree to and accept these nps membership terms and conditions (collectively, these “terms”). If you do not agree to and accept these terms, please do not apply for an NPS Membership or a renewal of your NPS Membership. Nikon reserves the right at any time to update, amend and/or change these terms, including without limitation, membership eligibility and membership level terms and conditions, without prior notice and you agree to be bound by any such changes once they are posted to www.nikon.ca/nps
Membership eligibility and membership levels
To be eligible to be a member of Nikon Professional Services (a “Member”), an individual applicant must meet all of the following requirements both at the time of application and, if accepted, throughout the term of Member’s NPS Membership:
Members must be legal residents of Canada, must have reached the age of majority in their province of residence at the time of applying for membership and provide a copy of his or her identification to Nikon promptly upon Nikon’s request therefor.
Member must maintain a physical postal address within Canada (post office boxes do not meet this requirement), as well as a valid email address. Notwithstanding whether a Member has “opted out” of receiving marketing or other electronic communications from Nikon, Member consents and agrees to receive notices and other communications regarding their NPS Membership by email to the address on file for Member. Member must promptly advise Nikon of any changes to the Member’s postal or email address by contacting Nikon at email@example.com Members must promptly update their Account if there are any changes to the Member’s postal or email address, and failure to do so may prevent you from receiving notices and/or communications from Nikon. Nikon is not responsible for any notices or other communications that are not received by a Member as a result of Member’s Account containing an incorrect, expired and/or non-current email and/or postal address.
NPS Membership requires that Member own a minimum amount of qualifying Nikon-branded cameras, lenses or other equipment that has been purchased by Member from Nikon Canada Inc. and/or a Nikon Authorized Dealer (collectively, “Equipment”) and that is not past the eligible service period end date nor purchased as a grey market product (collectively, “Member’s Equipment”). The models and serial numbers of such Member’s Equipment must be registered with Nikon. For the most current NPS Membership Qualifying Equipment list, which includes a list of the minimum qualifying Equipment and eligible service period end dates (the “Qualifying Equipment List”), click here. Nikon may, from time to time, contact Member(s) to verify the status of Member’s Equipment registered with Nikon by, for example, requesting a proof of purchase or inquiring about current ownership status. Member agrees to promptly and accurately respond to Nikon in this regard. Nikon reserves the right to change the minimum Qualifying Equipment requirements depending on the NPS Membership level. Please CLICK HERE to review a description of the benefits and requirements applicable to each level of NPS Membership (the “NPS Membership Levels Summary”).
Members must be engaged in and derive income from the imaging business as professional photographers or videographers, and own a majority interest in and/or be employed in a photography business or job (such as, for example, a staff photographer at a magazine). Applicants must provide Nikon with evidence of such professional status with their application for membership.
Only individuals, in their own name, may become Members. Companies and entities are not eligible for NPS Membership, and no group or corporation memberships will be accepted.
Members must pay the Membership Fee (as defined below) for PRO+ and PLATINUM NPS Membership levels.
Member shall confirm these NPS Membership requirements by providing reasonably satisfactory evidence to Nikon upon Nikon’s request therefor.
Applicants who have previously had an NPS Membership that was terminated by Nikon are not eligible for a new NPS Membership or to have their NPS Membership reinstated.
A Member may not be a member of a Nikon Professional Services program in more than one region or country.
All required fields of the NPS Membership application and/or NPS Membership renewal must be fully completed.
By applying for a new or renewal NPS Membership, the applicant or Member represents and warrants that all information they have provided or will provide to Nikon is true and correct. After receipt and review of a request to join NPS or renew an NPS Membership, Nikon will notify the applicant by email as to whether they have been accepted and, if accepted, the Member will be contacted for payment for NPS Membership level at which the Member qualifies and chose. If a Member does not pay the annual membership fee for the level offered then the Member shall be deemed hereunder to be a PRO NPS Membership level Member. There are several different levels of NPS Membership, each having varying benefits and requirements, and the PRO+ and PLATINUM Membership levels require an annual fee to be paid by Member in advance (the “Membership Fee”). The NPS Membership levels include PRO, PRO+, PLATINUM. Existing Members who have retired may continue their NPS Membership at the PRO membership level.
For the most recent NPS Membership Levels Summary, which includes a description of the membership levels, eligibility requirements, benefits, and Membership Fees, CLICK HERE. Nikon reserves the right to update, substitute, cancel and/or otherwise change the NPS Membership Levels Summary at any time in its sole discretion without prior notice.
Nikon may approve or reject any application for a new or renewal NPS Membership at any time, for any reason and/or for no reason, in Nikon’s sole discretion.
Membership fees will be billed and payable in full upon the member’s acceptance of a pro+ or platinum membership. All membership fees are billed on an annual basis based on the month of membership granted. Membership fees are deemed earned by Nikon upon its receipt thereof, are non-refundable, and no pro-rated refunds will be provided by Nikon even if an NPS membership is downgraded and/or terminated by either party during the year for which the membership fee was paid, or if Nikon rejects an equipment loan request for credit reasons, and/or for any other reason whatsoever. All benefits, including but not limited to equipment loans and maintenance services, must be redeemed and used during annual membership period only, will expire on month of granted membership of such calendar year, and cannot be carried over to any future membership period (*see below*).
A PRO or PRO+ Member who is in full compliance with these Terms may upgrade their membership level to a PRO+ or PLATINUM membership level during a calendar year provided that such Member meets the eligibility requirements for such upgraded membership level. Upon upgrading to a PRO+ or PLATINUM membership level, the Member will owe Nikon the Membership Fees for such PRO+ or PLATINUM membership level, provided that when upgrading from PRO+ to PLATINUM, a Member who has already paid the Membership Fees for the PRO+ membership level will only be charged the difference between the current Membership Fee for the PLATINUM membership level and the Membership Fee already paid by the Member. A Member that upgrades their membership level will not receive a full set of benefits under the new level but rather will receive only the incremental benefits provided for such higher membership level. The upgraded membership level benefits will begin on the date that the Member has paid the applicable Membership Fees difference, and the benefits for such higher membership level are not retroactive.
Upon the commencement of a new or renewal NPS Membership, Nikon may provide Member with one (1) Nikon premium item as a “welcome gift” for the new or renewed NPS Membership term, the type and value of which shall be in Nikon’s sole discretion. Any items provided by Nikon are subject to availability, and will vary depending on the level of membership. Nikon may also request sizing preference information in the event Nikon’s mailings include apparel.Members at the PRO+ and PLATINUM membership levels who are in full compliance with these Terms may request a certain amount of Equipment loans as part of their NPS Membership, and must request each such loan by emailing firstname.lastname@example.org. After Nikon’s receipt and review of such request, Nikon may, in its sole discretion, loan a Member certain Equipment, subject to the requirements and limitations in these Terms including but not limited to Member providing a valid credit card as further described below. The different types of Equipment loans include Repair Loans (as defined below), special event loans, special assignment loans, and/or product evaluation loans (collectively, “Equipment Loans”). Each Equipment Loan is intended to be a separate and distinct loan and Equipment Loans are not intended to run consecutively for a particular item of Equipment. A Member may not purchase additional Equipment Loans in excess of those allocated to a membership level. To request an Equipment Loan, a Member must submit to Nikon a Request for Consignment of Equipment by emailing email@example.com. Equipment Loans are short term loans only, made by Nikon only for the purposes described in the Member’s written request for such loan, and are not intended to sustain a Member’s business or keep a Member’s Equipment up to date. Any terms and/or conditions in the Loan Request Form are in addition to these Terms and do not supersede these Terms.
Equipment Loans are not available to Members who are not in full compliance with these Terms (for example, Members that are not in compliance with and/or have violated the Equipment Loan return requirements during the term of the Member’s NPS Membership). Notwithstanding anything to the contrary in these Terms, Members at certain NPS Membership levels may not qualify for Equipment Loans or may be limited in the number of Equipment Loans provided. For the most recent NPS Membership Levels Summary, CLICK HERE.
Members who are in full compliance with these Terms may request Equipment on loan from Nikon, and after Nikon’s receipt and review of such request, Nikon may, in its sole discretion, loan a Member certain Equipment. The different types of Equipment loans are set forth below (collectively, “Equipment Loans”). Equipment Loans are short term loans only, made by Nikon only for the purposes described below, and are not intended to sustain a Member’s business or keep a Member’s Equipment up to date.
Equipment Loans are not available to Members who are not in full compliance with these Terms (for example, Members that do not meet the minimum qualifying Equipment requirement).Member acknowledges and agrees that Equipment Loans are subject to availability, are not guaranteed, and should not be relied upon. The date that Member requests delivery of an Equipment Loan must be within one (1) month, but no later than 48 hours of the date of Member’s request. Nikon will ship Equipment only on non-holiday weekdays and only within Canada. Further, Nikon makes no representations, conditions, warranties or guarantees regarding how soon Nikon will ship Equipment after a Member’s request for an Equipment Loan, even if the Equipment Loan has been approved by Nikon. Equipment Loans are complimentary; however, Member is responsible to Nikon for return shipping costsRepair Equipment Loans. If Nikon is unable to repair Member’s Equipment within 72 hours of receipt of Member’s Equipment for repair, a Member may be eligible for a Repair Equipment Loan provided that Member has sent in the applicable Equipment to Nikon’s company owned Service Centre in Mississauga, ON. Upon Nikon’s verification of the serial number of Member’s Equipment to be repaired and receipt of verification of the tracking information from Member showing that Member has sent in Member’s Equipment to be repaired, Nikon may loan Member an item of the same or similar Equipment.
Unless otherwise expressly agreed to in writing by Nikon in its sole discretion, all Equipment loaned under an Equipment Loan must be returned to and received by Nikon by the return date (the “Return Date”) stated on the “Delivery Pick/Pack List” that accompanies the subject Equipment Loan (the “Shipping Statement”), which is typically ten (10) business days from the date the Equipment is shipped to Member. Member must, immediately upon receipt, compare the items and quantities of Equipment and any accessories (such as batteries, chargers, cases, etc.) listed in the Shipping Statement with the items and quantities of Equipment actually received. If Member does not contact Nikon within one (1) business day after receipt of the Equipment Loan, Member shall be deemed to be responsible to Nikon for all Equipment and accessories listed on the Shipping Statement. Any requests for Equipment Loan extensions must be submitted to Nikon, and Nikon may approve or deny such request in Nikon’s sole discretion. In the event that the request is granted, Nikon will advise Member of the new Return Date. Equipment provided pursuant to any Equipment Loans are not available for purchase by Members.
Member agrees to be fully responsible for all Equipment Loans and assumes all risks to the loaned Equipment once received and until it is returned to and received by Nikon. Member shall return the loaned Equipment in the same good working order and condition as received, by the Return Date. If Member fails to return the loaned Equipment to Nikon by the Return Date, Nikon will issue an overdue notice. Member must (i) arrange for the loaned Equipment to be shipped back to Nikon and provide proof of shipment to Nikon within three (3) business days of the overdue notice, and (ii) ensure Nikon receives the loaned Equipment within five (5) business days of the overdue notice. If member does not provide proof of shipment, and/or if Nikon does not receive the loaned Equipment by the foregoing deadlines, Nikon may charge the Member’s credit card for the full value of the loaned Equipment.
Member hereby authorizes Nikon to charge the credit card listed above for payment of all amounts, costs and expenses that may be owed by Member under this Agreement. Amounts charged for loaned Equipment that is damaged or not returned shall be based upon Nikon’s designated value of the applicable loaned Equipment, plus applicable sales taxes. Member shall be financially responsible for all or any portion of the loaned Equipment that is lost, stolen, or damaged by any cause whatsoever. Member agrees that Nikon retains all rights, title, ownership and interest in and to the loaned Equipment at all times. Member shall keep the loaned Equipment free and clear of all liens and encumbrances of any kind. Nikon recommends that Member obtain and maintain insurance for the loaned Equipment and advise Member’s insurance company, if any, that the loaned Equipment is borrowed, and not rented.
The equipment loaned under any equipment loan is provided by Nikon “as is” and Nikon makes no warranties or conditions of any kind, express or implied, statutory or collateral, relating to the loaned equipment or the use or performance thereof, including without limitation, with respect to date of delivery, condition, performance, non-infringement, merchantability and/or fitness for a particular purpose.
In no event shall Nikon be liable for any direct, indirect, special, incidental or consequential damages of any kind, for any reason whatsoever, with respect to any loaned equipment, even if Nikon has been advised of the possibility of such damages.
Maintenance and cleaning (formerly referred to as “clean and check” services)
Pro+ and Platinum Members are entitled to a certain number of complimentary Maintenance and Cleaning Services for Member’s Qualifying Equipment that has previously been registered in your NPS Registry and that is confirmed as being eligible after review by Nikon at the time of Member’s request (the “Maintenance Services”). The Maintenance Services includes the services at the “Premium Maintenance Package” level as described by Clicking here.
Maintenance Services are subject to availability at the time of Member’s request, and subject to any additional eligibility requirements of Nikon’s service department. Member’s Equipment (including Qualifying Equipment) may not be eligible for Maintenance Services if, for example, the Member’s Equipment is outside of its eligible service period, is a grey market product, and/or has been modified, except for modifications made by Nikon. To request Maintenance Services, a Member must first, prior to sending the Member’s Equipment to Nikon, contact firstname.lastname@example.org to determine whether the requested Equipment is eligible for the Maintenance Services. Member should not submit this request directly from service and support website as this will cause a delay in processing. Member should not send Member’s Equipment to Nikon’s Factory Service Center for Maintenance Services unless and until Nikon has validated that Member’s Equipment is eligible for Maintenance Services. If validated, Nikon will send Member a Maintenance Services certificate and additional instructions. The cost of shipping Member’s Equipment to Nikon’s service department is the responsibility of the Member.
Platinum membership one-time discount
Each calendar year that a Member has purchased and fully paid for a Platinum level NPS Membership, such Member will be entitled to a one-time use credit or refund equal to ten percent (10%) off the Member’s purchase of new, unused (e.g., not refurbished) Nikon Imaging Products (as defined below) from the Nikon Store at www.nikon.ca, or from a Nikon Authorized Dealer, up to a maximum amount of Four Hundred ($400) Canadian Dollars (the “Credit”). The Credit may be applied to the cumulative purchase price of more than one eligible Nikon Imaging Product provided that all of such eligible Nikon Imaging Products are purchased together at the same time and appear on the same receipt. The Credit will be calculated based on the purchase price paid by the Member for the eligible Nikon Imaging Products before taxes. Member shall receive the Credit as a post-purchase refund.
Products purchased by the Member prior to or after Member’s Platinum level NPS Membership period are ineligible for the Credit. If Member returns any and/or all of the applicable Nikon Imaging Products after receiving the Credit for such Nikon Imaging Products, then the Credit will no longer be available to Member during such calendar year unless otherwise agreed to by Nikon in its sole discretion. For purposes of the Platinum Membership One-Time Discount, “Nikon Imaging Products” are Nikon Z series cameras, Nikon DSLR cameras, Nikkor Z lenses, Nikkor lenses, Nikon binoculars, Nikon laser rangefinders, and/or Nikon imaging accessories.
Pro+ and Platinum Members who are in full compliance with these Terms and meet the other requirements set forth in this section are eligible for a repair discount on Member’s Equipment that Member has previously registered with Nikon. The availability and amount of the repair discount varies based on NPS Membership level, as set forth on the NPS Membership Levels Summary (CLICK HERE). The repair discount is valid only for repairs that were received by Nikon at the Nikon Service Center directly from the Member. The repair discount is not available for repairs serviced at any third-party locations. Repairs are subject to any additional eligibility requirements of Nikon’s service department and Member’s Equipment (including Qualifying Equipment) may not be eligible for repair if, for example, the Member’s Equipment is outside of its eligible service period, is a grey market product, is beyond economic repair, and/or has been modified, except for modifications made by Nikon. Nikon encourages Members to submit requests for repairs by completing and submitting the Self Service Product Repair form found on Nikon’s Service and Support website (the “Repair Form Link”), which form will display the applicable repair location. To be eligible for the repair discount, a Member must identify their NPS Membership number in the Contact Data section of the Repair Form Link, or, for Member’s Equipment shipped directly to Nikon without using the Repair Form Link, the NPS Membership number must be included in a writing accompanying the shipment. The repair discount is taken off the base repair cost before applicable taxes and does not include shipping charges. If a repair is eligible for the repair discount, it will appear on Member’s final invoice for such repair.
All payments must be made by credit card only. Payment in full by credit card is required prior to Nikon’s shipment of the repaired member’s equipment.
Nikon may, from time to time, notify Members that it will be participating in certain trade shows, workshops, sporting events, media events and other special events and activities (collectively, “Special Events”) where eligible Members may avail themselves of Nikon’s temporary Equipment loan (i.e., for use only during the Special Event) and/or available Maintenance Services such as “clean and check” services. Members must obtain their own credentials from the organizer of such Special Events in order to attend the Special Event and access Nikon’s services. Such Member services are offered on a first come, first served basis, are subject to availability and are not guaranteed. Nikon’s participation in any Special Event may be cancelled without prior notification. Any Equipment loaned at a Special Event must be returned by the Member by the conclusion of the Special Event, at the same Special Event location where the Equipment was originally loaned to the Member and are subject to all the terms and conditions set forth in these Terms with respect to Equipment Loans.
Information about Nikon products and services
Limited time offers, programs and promotions
Nikon may, from time to time, notify eligible Members of certain offers, discounts programs and/or promotions which are available to Members from Nikon or from third parties (“Special Programs”). Such Special Programs are only available to Members who are in full compliance with these Terms, including but not limited to those that meet the Qualifying Equipment list requirements set forth above. Nikon is not responsible for any third party promotional or marketing communications or offers to Members, nor is Nikon responsible for any third-party websites or website terms or policies. Nikon makes no representations or warranties with respect to any third-party products, services or websites. Any Special Programs offered by Nikon may have additional terms and conditions that apply and that Nikon will communicate to Members. By participating in any Special Programs offered by Nikon, Members agree to the Special Program terms and conditions, all of which are in addition to (and not in lieu of) these Terms.
All Member privileges set forth in these Terms are available only to Members who, in Nikon’s sole determination, are in good standing and who are in full compliance with these Terms. Nikon shall have the right to suspend or revoke, temporarily or permanently, partially or fully, a Member’s NPS Membership privileges at any time if Nikon determines, in its sole discretion, that such Member is not in compliance with any and/or all of these Terms, including without limitation, returning Equipment Loans in a timely manner and with such Equipment in at least as good condition as received. NPS Membership privileges are subject to availability and review and may be changed or be discontinued at any time without prior notice in Nikon’s sole discretion.
Priority purchase delivery program
For Equipment sold by Nikon to a Nikon Authorized Dealer and designated for Member’s purchase pursuant to Member’s request (which request is subject to no more than one (1) unit for any specific model of Equipment unless otherwise agreed to by Nikon in its sole discretion based on availability), Member understands and agrees that upon its purchase, the Dealer owns such Equipment and Nikon has no control over the Dealer’s resale of such Equipment, whether to Member or otherwise. Nikon can only recommend to the Dealer that such Equipment be reserved for the Member. Requesting that Nikon ship Equipment indicates Member’s representation to Nikon that the Equipment is for Member’s own use and is not being purchased with the intention of immediate resale. It is a violation of these Terms for Member to request this priority delivery of Equipment for purchase by any third party, whether from the Nikon Authorized Dealer or the Member, as the case may be.
Additional member responsibilities
Members shall not use or incorporate the names, trademarks, logos or other identifying indicia of Nikon and/or NPS in, on and/or or as part of the name, trade name, corporate name, domain name, website and/or title under which Member conducts business.
Member is not and shall not represent themselves nor be considered in any manner as an agent, representative, partner, joint venture, or employee of Nikon. Member is not authorized in any way to obligate or bind Nikon. Members understand and acknowledge that an NPS Membership does not constitute Nikon’s sponsorship or endorsement of a Member, a Member’s business, projects and/or other activities.
Member’s status as an NPS Member is personal to Member and is not assignable or transferable in whole or part, and any attempted assignment or transfer is null and void and of no force and effect.
Term, renewal and termination
Unless and until Member’s NPS Membership is terminated as provided herein, Member shall periodically be required to renew and/or confirm its NPS Membership at the end of such Member’s NPS Membership period or earlier in the event Nikon updates these Terms, in accordance with the email notification provided by Nikon. Members who fail to renew their NPS Membership or who are otherwise not in compliance with these Terms will not be eligible to receive any NPS Membership privileges. Nikon shall have the right to terminate a Member’s NPS Membership at any time, for any reason, with or without cause, and without separate notice to the Member who, upon termination, will be unable to log into their Account.
Nikon shall not by reason of the termination of member’s NPS membership or for any reason whatsoever be liable to member for compensation, reimbursement or damages of any kind either on account of present or prospective profits or sales or anticipated sales or on account of expenditures, investments or commitments made in connection with the establishment, development or maintenance of the business or goodwill of member.
Warranties and liability
Except for Nikon’s limited written warranty included with equipment sold by Nikon, Nikon makes no warranties of any kind, either expressed or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose or non-infringement, and/or with respect to any Nikon equipment sold, NPS memberships, or otherwise. In no event shall Nikon be liable for any personal injury, property damage, loss of data, lost profits, or any other direct, indirect, special, incidental or consequential damages of any kind, for any reason whatsoever under these terms or otherwise, even if Nikon has been advised of the possibility of such damages.
Choice of law/jurisdiction/attorneys’ fees
The laws of the province of Ontario, Canada, exclusive of its choice of law provisions shall govern NPS Memberships, these Terms, any claim, controversy or dispute arising under or in respect of these Terms and/or the relationship of the parties. Member agrees that jurisdiction and venue for all actions or suits in respect of or arising out of these terms and conditions and any claim, controversy or dispute arising under or in respect of these Terms, and/or the relationship of the parties shall be proper only in federal and provincial courts located in the commercial courts in downtown Toronto, Ontario, Canada. Member hereby consents to the exercise of personal jurisdiction by such courts. Nikon shall be entitled to receive its legal costs including without limitation reasonable legal fees in any.
Nikon shall not be liable under and/or in default of these Terms to the extent its performance of any of its obligations under these Terms is prevented or delayed as a result of fire, hurricane, earthquake, flood, strike, lockout, act of terrorism, labor disturbance, war, boycott, other casualty, infectious disease, pandemic, epidemic, public health emergency, travel or other restriction imposed by a governmental authority, Acts of God, or any other circumstances beyond the reasonable control of Nikon that makes its performance under these terms inadvisable, impossible and/or impractical.
Severability and waiver
If one or more of the provisions of these Terms are deemed to be unenforceable, then the remaining provisions shall remain in full force and effect. Nikon’s failure to enforce any term or condition of these Terms shall not be construed as a waiver of that term or condition or of Nikon’s rights to enforce such term or condition in the future.