Lenovo may change components or parts of a hardware Product without notice due to the availability of such components or parts, provided that the replacement components or parts provide equal or better performance. Such changes will be at no additional cost to you, and will not affect the hardware Product Lenovo Limited Warranty.
You warrant that any purchase made by you from us is not for the purpose of commercial resale.
Both of us agree that under these Terms and Conditions, all information exchanged is non-confidential. If either of us requires the exchange of confidential information, it will be made under a signed confidentiality agreement.
In accordance with the provisions of the Privacy Act 1993, all personal information Lenovo or its related companies may collect is collected so that Lenovo can provide you with benefits. Lenovo and our related companies will process, store and use information about your transaction and your contact information, including name, phone numbers, address, and e-mail addresses, to process and fulfil your transaction. Lenovo will not be able to perform our obligations under this Agreement if you refuse to provide your information or do not wish us to transfer your information to our agent or contractor. You have the right to access your personal information and request correction of any errors in it pursuant to the Privacy Act 1993 by contacting Lenovo (Australia & New Zealand) Pty Limited ABN 70 112 394 411. Address: Level 10, North Tower, 1-5 Railway Street, Chatswood, NSW, 2067. Telephone: 61 2 8003 8200. Email: email@example.com.We may also contact you to notify you about any Product recall, safety issue or service actions. You consent to Lenovo using this information for: (i) inquiring about your satisfaction with our Products or Services (by mail or phone and, if you "opt in", via commercial electronic messages (such as email or text)); (ii) understanding consumer shopping habits to improve services and to market to consumers; (iii) contacting you in the future with special offers, discounts and information about products and services (by mail or phone and, if you "opt in", via commercial electronic messages (such as email or text)) related or unrelated to your previous purchases, that may be of interest to you or your family; and (iv) contacting you for research (by mail or phone and, if you "opt in", via commercial electronic messages (such as email or text)) related to your Products purchased from Lenovo and other marketing and promotional purposes. In accomplishing these purposes, we may transfer your information to any country where we do business, we may provide it to entities acting on our behalf, or we may disclose it where required by law. We will not, however, sell or otherwise transfer the personally identifiable information you provide to any third parties for their own direct marketing use unless we provide clear notice to you and obtain your explicit consent for your data to be shared in this manner.
Lenovo may appoint agents, and disclose personal information about you to them, for the purpose of providing services to you. These agents will also operate in accordance with these Terms and Conditions. All information gained will be securely stored by Lenovo or an entity authorised by Lenovo. You may access and request correction of your personal information held by Lenovo by contacting Lenovo on 0800 446 833 (choose option 2 at the prompt).
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
Subject to law and these Terms, neither Lenovo (including its officers, employees or contractors) nor Lenovo's agents, subcontractors, suppliers or software product developers is liable for any of the following even if informed of their possibility or not and whether arising from contract, tort, (including negligence) or otherwise:
(a) third-party claims for damages;
(b) loss of, or damage to, data;
(c) special, incidental, or indirect damages or for any economic consequential damages of any kind; and
(d) lost profits, business, revenue, goodwill or anticipated savings.
If a third party claims that a Lenovo branded Product Lenovo provides under this Agreement infringes that party's patent or copyright, Lenovo will defend you against that claim at its expense and pay all costs, damages, and attorney's fees that a court finally awards, provided that you: 1) promptly notify Lenovo in writing of the claim; and 2) allow Lenovo to control, and cooperate with Lenovo in, the defence and any related settlement negotiations. If such a claim is made or appears likely to be made, you agree to permit Lenovo to enable you to continue to use the Product, or to modify it, or replace it with one that is at least functionally equivalent. If Lenovo determines that none of these alternatives is reasonably available, you agree to return the Product to Lenovo on its written request. Lenovo will then give you a credit equal to the amount you paid for the Product. Lenovo has no obligation regarding any claim based upon:
(a) anything you provide which is incorporated into, or combined with a Product;
(b) your modification of a Product; or
(c) Lenovo's compliance with your specifications or requirements.
These Terms and Conditions are governed under the laws of New Zealand and you submit to the New Zealand courts having jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions.
Lenovo will not be liable for any loss or damage suffered or incurred by you if we delay in fulfilling or fail to fulfil as they are caused by any circumstance beyond our reasonable control.
Lenovo reserves the right to amend, vary and/or replace these Terms and Conditions at any time, and from time to time, at Lenovo's sole discretion.
Any provision of these Terms and Conditions which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms and Conditions read in full force and effect.