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CANON (UK) LIMITED 

UP TO 72-HOUR FREE TEST DRIVE PROMOTION (1st FEBRUARY – 31st JULY 2024) 

TERMS & CONDITIONS

1.    PROMOTIONAL PRODUCTS, PROMOTIONAL HIRE PERIOD AND PARTICIPANTS

1.1. This promotion is for the free of charge hire of the promotional product(s) listed below (the “Promotional Product(s)”) for a 48-hour or 72-hour period (“Free Test Drive”) when the Participant hires such Promotional Product via a Website (defined at 1.3 below) provided by 4Fill Europe Limited (herein after referred to as “TTK”) on behalf of Canon (UK) Limited during the Promotional Hire Period (set out in clause 1.2 below), subject to these Terms and Conditions. Any free of charge hire of any of the Promotional Product(s) will be subject to payment of a fully refundable deposit in accordance with the TTK Terms of Use which will vary depending on the value of the Promotional Product(s).

1.2. This promotion is only available for residents of England, Wales and Scotland on a Free Test Drive of a Promotional Product made through a Website between 00:00 on 1st February and 23:59 on 31st July 2024 (“Promotional Hire Period”). All other products are excluded.

1.3. To participate in this Promotion, Participants will need to be registered with TTK and hire a Promotional Product from https://testdrive.trythekit.com or https://club.trythekit.com (each a “Website”) for a Free Test Drive that commences during the Promotional Hire Period. Such registration and hire will be subject to TTK’s Terms of Use and Privacy Policy and Canon accepts no liability in respect of your use of TTK services.

1.4. Canon (UK) Limited of 4 Roundwood Ave, Hayes, Uxbridge UB11 1AF is the Promoter of this promotion. TTK of Unit 5, Wellbrook Farm, Berkeley Road, Mayfield, East Sussex, TN20 6EH is administering the hire to Participants via their TTK account.

1.5. All Participants must be aged 18 or over and must be resident in GB (“Participant”).

1.6. All Participants are deemed to have agreed to be bound by these terms and conditions.

2.    HOW TO PARTICIPATE IN THE FREE HIRE PERIOD

2.1. To qualify for the Free Test Drive, the Participant must hire a Promotional Product via a Website during the Promotional Hire Period. The Participant will require a user account with TTK in order to participate. Participants will be eligible for a Free Test Drive from TTK subject to these terms and conditions and the TTK Terms of Use, in the event of a conflict between these Terms and conditions and the TTK Terms of Use, these terms and conditions shall prevail. 

2.2. This promotion is only available within Great Britain on a hire of between 1 and 7 days made through the Participant’s TTK account.

2.3. The Free Test Drive request must be made via a Website during the Promotional Hire Period with a valid TTK account that commences between 00:00 on 1st February and 23:59 31st July 2024.

2.4. If the Participant wants to hire the Promotional Product for longer than the Free Test Drive period, then any additional period will be chargeable at the normal rate in accordance with TTK Terms of Use.

2.5. Free Test Drive and/or hire of the Promotional Products is subject to availability. Canon will not be liable for the failure by TTK to make available Promotional Products for hire.

2.6. TTK will not process any Free Test Drive requests received after expiry of the Promotional Hire Period. TTK will not process a Free Test Drive and/or hire request which is in its opinion incomplete. TTK and Canon will not be responsible for any hired Promotional Product delayed or not successfully received.

2.7. Only one Free Test Drive per Promotional Product per person may be made.

2.8. A maximum number of Promotional Products per person per Promotional Hire Period as stipulated on the relevant Website shall qualify for a Free Test Drive. 

3.    DISCLAIMERS

3.1. To the fullest extent permitted by law, Canon and TTK shall not be liable for any loss, damage or injury of any nature howsoever caused, sustained by any Participant under this promotion. However, nothing in these rules shall have the effect of excluding or restricting Canon or TTK liability for personal injury or death caused by the proven negligence of Canon or TTK employees or agents.

3.2. Canon reserves the right to void, amend, and/or change this promotion at any time without incurring any liability whatsoever.

3.3. The Promotional Products are subject to availability to purchase post Free Test Drive and/or hire period and Canon does not provide any assurances as to their availability to purchase from retailers and/or the official Canon store once your Free Test Drive and/or hire period has expired. 

3.4. Canon and TTK reserve the right to audit any Free Test Drive requests to ensure compliance with these terms and conditions and to request additional information, supporting documents or carry out background checks if deemed necessary. Canon and TTK reserve the right to refuse orders or exclude claims and/or Participants if it suspects that the promotion is being abused in any way. Canon’s decisions in relation to the promotion are final and no correspondence will be entered into.

3.5. If any part of these terms and conditions is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable, then such part shall be severed from the remainder of these conditions, which shall continue to be valid to the fullest extent permitted by law.

4.    DATA 

4.1. Any personal data submitted to us will be processed by Canon (UK) Limited, its agents or associated group companies for the purpose of administering this Promotion and, if applicable, for marketing purposes – in cases when Participants have opted-in to receive marketing communication from Canon. For further details of how we use your data, including when you opt-in for marketing purposes, please see our Consumer Privacy Policy - www.canon.co.uk/privacy-policy/

4.2. If Participants do not wish for their contact information to be used for marketing purposes or to enable Canon to contact them in future regarding similar promotions, they should NOT check the relevant “opt-in” box when completing the claim form.

4.3. The personal data provided is held securely and may be transferred on a secure server outside the UK and EEA. For further details on how we protect your information please see our Consumer Privacy Policy – www.canon.co.uk/privacy-policy/

4.4. Use of your TTK Test Drive account will be subject to TTK privacy policy, which is available on https://testdrive.trythekit.com/privacy-policy/ 

5.    LAW AND JURISDICTION

5.1. These terms and conditions and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and will be subject to the non-exclusive jurisdiction of the English courts.

6.     WEBSITE INFORMATION

6.1.  The Testdrive.trythekit & Club.trythekit websites are operated by Try The Kit Limited (“we/us”). We are registered in England and Wales under company number 12645774 and have our registered office at unit 5, Wellbrook Farm, Berkeley Road, Mayfield, England, TN20 6EH. To contact us, please email us at enquiries@trythekit.com 

7. ACCESSING OUR SITES 

7.1.   Access to our sites is permitted on a temporary basis, and we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services we provide on our sites (in whole or in part) with or without notice. We will not be liable to you or any third party if for any reason either our site is unavailable at any time or for any period or for any modification, suspension, or discontinuance of such services.

8. TERMS OF HIRE

8.1. TestDrive is a service designed to give individuals the opportunity to evaluate equipment to inform and enable a prospective purchasing decision. TestDrive is not to be used to supplement equipment for paid for and or commercial work, or where there is no intention or consideration of a purchase in the near future. Try The Kit reserves the right to refuse orders, exclude claims and or participants if it is not satisfied with the information provided, or believes the service is not being used within the spirit it is intended. 

9. EQUIPMENT

9.1.   The equipment and accessories on hire shall remain the absolute property of Try The Kit and/or the manufacturer and the Hirer has no right, title, or interest in the equipment, except that it is hired to the Participant for an agreed period, with the Participant accepting responsibility for the safekeeping of the equipment whilst in their possession. The equipment must be returned by the Participant in the condition in which it was received and in good working order.

9.2 All equipment and accessories are checked prior to dispatch and are listed on the Equipment Checklist that is included with the equipment. It is the responsibility of the Hirer to check upon receipt of the equipment that it is in good working order and in an undamaged condition. 

9.3. Upon receipt the Equipment shall be examined and checked by the Hirer before being taken into use and, if found to be defective or deficient, will be replaced or defects or deficiencies remedied by the Company without additional charge. The Hirer will be held liable for any missing Equipment, defects or deficiencies in the Equipment not noted on the condition report or checklist, unless the Hirer has notified the Company in writing before 10am on the first day of use or collection by the Hirer from a Click and Collect location. 

9.4. It is a condition of hire that the Hirer declares the purpose of hiring the equipment and where it will be used, this is to prevent unacceptable risks being taken with the equipment provided. Try The Kit reserves the right to decline a request to hire if it is not satisfied with the declared purpose of the hire. It is therefore more likely for the Hirer to be able to hire if as much detail as possible regarding the equipment’s use is provided.

9.5. The Hirer shall not assign, transfer or otherwise part with possession of the equipment during the period of hire without prior written consent of Try The Kit. The Hirer will permit Try The Kit at all reasonable times to inspect the equipment including procuring access to any premises where the goods are located.

9.6. Any intention to take the equipment outside of the UK must be notified in writing to prior to commencement of the hire and proof of return documentation would need to be provided. Try The Kit reserves the right to decline hire for any overseas use.

9.7. The Hirer shall not permit the Equipment to be used on any abnormal or hazardous assignment, taken out of the United Kingdom, or taken from the ground other than on a regular scheduled flight by an airline recognised by I.A.T.A. Without the prior written consent of the Company.

9.8. The Hirer shall take adequate and proper measures to protect the equipment from theft, damage, and other risks. The Hirer shall not permit the equipment to be used for any abnormal or hazardous assignments without the prior written consent of Try The Kit. The Hirer shall notify Try The Kit of any change of address, and upon Try The Kit’s request provide details of the location of the equipment.

9.9. Try The Kit will not be liable in respect of any loss or damage caused by or resulting from any variation for whatever reason in the manufacturer’s specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation.

10. DELIVERY AND COLLECTION

10.1. Try The Kit will only deliver to a billing address and reserve the right not to deliver an order if we believe the address isn’t secure, for example to a communal postal address or PO box. If this affects an order you place, we'll notify you as soon as possible. Goods cannot be left in a ‘safe’ or ‘secure’ location or with a neighbour. Participants are advised someone MUST be present during delivery to sign for the equipment. The person signing for the equipment should be the person who has paid for the equipment hire. Risk in the equipment shall pass to the Customer immediately at the time of Delivery.

10.2. The Hirer shall accept delivery of the equipment on the day the carrier first attempts to deliver. 

10.3. Where the carrier has made an attempt to deliver the equipment, but the Hirer has not been present to accept the delivery, the carriers would not come back that day and there is no guarantee what time the carriers could deliver to you on the next working day. The hire period shall remain as shown on the Order Confirmation, unless otherwise agreed by both parties.

10.4. When delivering Equipment, Couriers may not ask for a signature at point of delivery as GPS tracking will be considered as evidence of a successful delivery, in some circumstances the Courier may attempt to take a photograph of the consignment (which will not identify a person but may capture minor details of the background to show the location of the consignment as evidence of delivery having taken place). By proceeding with an order, you agree to these terms.

10.5. The Courier duty is to deliver the Item/s to the address written or printed on the Item/s. They are not responsible for delivering the Item/s to the person whose name is written or printed on the Item/s.

10.6. The Company shall not be liable in respect of any consignment delivered to the delivery address where any person misrepresents their authority to receive the consignment on the Hirer’s behalf; or where the Courier is delivering it in accordance with instructions from or purporting to be from the Hirer.

10.7. Where the Hirer uses facilities offered by the Courier to divert any part of a delivery to a different address or location, responsibility for the Equipment shall pass to the Hirer immediately.

10.8. Equipment must be made available for collection at the address agreed with Try The Kit by the carrier on the day of pickup. The Hirer must return the equipment as delivered using the appropriate packaging securely sealed. The Hirer shall be liable to Try The Kit for any loss of or damage to the equipment in transit resulting from failure to repackage as per these instructions.

10.9. If the equipment is not available for pick up, the Hirer will be charged a failed collection fee of £25 and will be charged for the extension of hire.

10.10. In the event equipment is not returned within 24 hours of the pickup date and not withstanding carrier delays, the Hirer will be charged a fee equal to a full day’s commercial rental for each day the equipment remains unreturned.

10.11. Where the equipment is not returned to Try The Kit immediately following the end of the Hire Period and the Hirer has failed to either contact Try The Kit and explain the circumstances, or negotiate an extension to the agreed Hire Period (and Try The Kit has provided written confirmation of said extension), Try The Kit will conduct an investigation and may inform the Police and report the equipment as stolen and will take steps to recover the equipment including, but not limited to, charging the Participant’s credit or debit card for the full price of replacement equipment.

11.  LOSS OR DAMAGE TO EQUIPMENT

11.1. The Hirer shall be responsible for the safe keeping of the equipment throughout the hire period and shall be liable to the Try The Kit for all loss of or damage to the equipment howsoever caused.

11.2. The Hirer shall not remove any labels from and/or interfere with the equipment or make any permanent modifications to it. The Hirer will only use the equipment in a safe and correct manner in accordance with the operating manual. 

11.3 The Hirer will notify Try The Kit of any loss or damage to any equipment on hire immediately, and where theft has occurred, the police should be informed and a crime reference number provided to Try The Kit without unnecessary delay.

11.4. The Hirer shall not carry out or attempt to carry out any repairs to damaged equipment or Firmware updates without the prior written permission of Try The Kit. The Hirer shall pay Try The Kit all costs for repairs to damaged equipment. The Hirer shall pay to Try The Kit the full cost of replacing any lost equipment, or any equipment, which in the reasonable opinion of the Company is uneconomic to repair, with new equipment of the same or similar specification to that equipment which has been lost or damaged. An administration fee of £25 will be added to each missing part or damaged item. The Hirer shall also be liable for any loss of commercial rental income resulting from such loss or damage or for the period it takes to effect repairs, up to and including the replacement value of the equipment.

11.5. Where equipment is returned with missing components, the Hirer shall ensure that said components are returned to Try The Kit by either Royal Mail Special Delivery or an approved carrier service within 1 working day of being notified. If the components are not returned by this time and no agreement has been made in writing between Try The Kit and the Hirer, all monies owed for replacing said components will become immediately due and taken automatically from the deposit or will be debited from the Hirer’s card. This includes but is not limited to batteries, memory cards, cases and other ancillary items connected with the equipment.

11.6. Try The Kit recommends at all times the Hirer uses memory cards tested and supplied by Try The Kit where provided. In the event of any damage to Try The Kit ‘s equipment relating to use of memory cards not supplied by Try The Kit, the Hirer shall be liable for damage to equipment. Try The Kit assumes no responsibility for damage or liability of any kind resulting from the use of the equipment. All digital sensors are inspected and, where necessary, cleaned before dispatch of equipment. Try The Kit assumes no responsibility for dust attracted to the chip after dispatch.

12. INSURANCE

12.1. If Try The Kit requires you to hold insurance, you must prove to us that insurance is in place and Try The Kit must be satisfied with said cover prior to commencement of the hire. Where Try The Kit is not satisfied with said cover, Try The Kit reserves the right to cancel the hire until such time as sufficient cover is in place and Try The Kit is satisfied.

12.2. Try The Kit will investigate all losses of whatever value thoroughly. Where the loss is suspected to be by theft, the Hirer has an obligation to report the loss to the police and to obtain a crime reference number without unnecessary delay. Please note, you remain liable for up to the full value of the equipment and we will take whatever action necessary to recover any costs.

13. RESERVATIONS

13.1 Making an enquiry either by telephone, email or in person, does not constitute a booking. An Order is deemed to have been placed when you receive an Order confirmation email and at such time becomes binding subject to the cancellation policy. 

13.2 By placing an order, you confirm that you are over 18 years old and have read and understood these terms and conditions and agree to be bound by them and to comply with all applicable laws, rules, and regulations.

13.3 The Company reserves the right to refuse the acceptance of any Order without assigning any reason for such refusal.

13.4. Upon booking of the equipment, Try The Kit shall charge the full hire fee (where applicable), including all charges to the debit/credit card as given by the Hirer. Where Try The Kit is protected by consumer protection law, they shall have the right up to 14 workings days after that booking to a refund where written notice of cancellation has been received.

13.5. Where the equipment, for reasons outside the Company’s control, ceases to be available for the duration of the hire period, Try The Kit shall inform the Participant as soon as is practically possible. In such an event, Try The Kit will endeavour to provide suitable replacement equipment. Where such equipment is not available to fulfil all or part of that order, the Participant can cancel all or part of the order and receive a full or part refund as applicable or re-schedule all or part of the order at no extra charge.

13.6. Where an account has been created over the telephone, proof of identification and these Terms and Conditions, signed by the card holder, (if the order was not placed online by the Hirer) must be e-mailed and verified before any order will be dispatched. In the event of all paperwork not being available at the time of dispatch and the Company is unable to contact the Hirer, the reservation will be cancelled, and the full cancellation charge will apply.

13.7. To ensure the equipment arrives on the chosen date of hire, where possible Try The Kit shall dispatch all orders to arrive the day before the chosen date of hire. In the event of carrier misrouting or error, Try The Kit will endeavour to deliver the equipment before 12pm on the chosen date of hire. Any times quoted for delivery by Try The Kit are to be treated as an estimate, and the Hirer acknowledges that delivery may be postponed due to circumstances outside the direct control of Try The Kit. In such event, Try The Kit shall not be liable for any damages, compensation, or penalty.

14. DEPOSIT

14.1. The Hirer will be required to leave a deposit before Try The Kit will dispatch any equipment. The amount of deposit will be quoted on-line at the time of booking. The deposit will be secured either at the time of booking or 7 days before the date of dispatch, whichever is closest to the day of dispatch. In the event of the funds not being paid and Try The Kit not being able to contact the Hirer, the reservation will be cancelled. Try The Kit will release the deposit as soon as practicable once the equipment has returned and the Company is satisfied all equipment is complete and undamaged. Most banks need a little time to process refunds please allow up to 8 working days for the deposit to clear into the Hirer’s bank.

15. PAYMENT

15.1. Payment of any monies payable in respect of any agreement between the Hirer and Try The Kit shall be made before any equipment is dispatched. Try The Kit shall be entitled to receive full payment of the hire charges from the Hirer on receipt of the order.

15.2. The Hirer shall pay all sums due to Try The Kit under this contract without any setoff, deduction, counterclaim and/or any other withholding of monies. Try The Kit reserves the right to charge the Participant’s credit or debit card to the full value of the equipment in the event the Hirer is considered to be in breach of these Terms & Conditions.

15.3. Try the Kit reserves the right to amend prices at any time and without prior notice. Orders are fulfilled on the understanding that prices charged are those current at the time of despatch.

15.4. All prices are exclusive of Value Added Tax and any similar taxes. All such taxes are payable by the Participant and will be supplied in accordance with UK legislation in force at the tax point date.

16. CANCELLATION POLICY

16.1. Try The Kit reserve the right to levy a £25 administration charge for any order cancelled by the Hirer up until 2 working days before the date of dispatch of the order, after this the Hirer shall be liable to pay either a cancellation charge equal to half the agreed hire charge or a £25 administration charge, and whichever sum is greater. 

16.2. If the Hirer cancels the order within 1 working day of the dispatch date, the Hirer shall be liable to pay to the Company either a cancellation charge equal to the full hire charge or, a £25 administration charge, and whichever sum is greater. 

16.3. Where the Customer is such that the hire would be subject to the provisions of the Consumer Protection (Distance Selling) Regulations 2000, the Customer shall have the right to cancel the order by written notice up to 14 working days after confirmation of that order. By accepting delivery of the equipment ordered, defects or deficiencies notwithstanding, the customer agrees to pay the hire and courier charges for said equipment. 

16.4. Any request by the Participant for cancellation of any order or for the re-scheduling of any deliveries will only be considered if made at least 72 hours before dispatch. This shall be subject to acceptance by Try The Kit and who reserve the right to levy a reasonable administration charge for cancelled orders.

17. INDEMNITY

17.1. The Hirer shall at all times fully indemnify Try The Kit, its employees, servants and agents against all actions, costs, claims, demands, proceedings, or liabilities arising from or in conjunction with equipment, materials or any other services supplied to the Hirer by Try The Kit.

18. TERMINATION

18.1. You agree that we, in our sole discretion, may terminate your use of the services we provide on our sites and remove and discard any Content within such services, for any reason including, without limitation, if we believe that you have breached or acted inconsistently with the letter or spirit of these terms of use. We may also, in our sole discretion and at any time, discontinue providing such services (in whole or in part), with or without notice.

18.2. You agree that any termination of your access to such services under any provision of these terms of use may be affected without prior notice. Further, you agree that we shall not be liable to you or any third party for any termination of your access to such services. 

19. GENERAL INFORMATION

19.1. These terms of use (including the Rules and other policies) constitute the entire agreement between you and us and govern your use of our site and the services provided, superseding any prior agreements between you and us. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

19.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, our site and the services provided although we retain the right to bring proceedings against you for breach of these terms of use in your country of residence or any other relevant country.

19.3. Any failure by us to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.

19.4. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms of use shall remain in full force and effect.

19.5. Neither you nor we may assign or transfer any rights or obligations under these terms of use without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any of our fellow group companies.

19.6 Any telephone calls between the Company and the Hirer may be recorded, in which case the recordings will be accepted by the Hirer as evidence of the instructions or communications recorded. The Hirer, by accepting these terms and conditions, acknowledges, and accepts that evidence of any such recordings may be referred to by the Company in respect of any dispute or difference between the parties.

19.7. The section titles in these terms of use are for convenience only and have no legal or contractual effect.

20. VARIATIONS

20.1. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

21.CONFIRMATION 

21.1 The Hirer confirms that all details given in their application to hire the Company’s Equipment are true and complete. They also confirm they have read and retained a set of the Terms and Conditions governing the Agreement.