Terms and Conditions
Brother International Europe Limited (“Brother”, “we”, or “us”) is a company incorporated in England and Wales with company number 0066417, whose registered office is at Brother House, 1 Tame Street, Audenshaw, Manchester M34 5JE. Its VAT number is GB864450220.
Access to our Website
Access to the Website is permitted on a temporary basis, and Brother reserves the right to withdraw or amend access to or use of the Website for any reason without notice. Brother will not be liable to you or any third party if for any reason the Website is unavailable at any time or for any period.
Your use of the Website
You may use the Website only for lawful purposes. You may not use the Website:
(a) in any way that breaches any applicable law, regulation or code of practice;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Brother content standards set out below;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(f) to knowingly transmit any data, send or upload any material that contains any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other technologically harmful programs, data or code.
You also agree:
(b) not to access without authority, interfere with, damage or disrupt:
(i) any part of the Website;
(ii) any equipment or network on which the Website is stored;
(iii) any software used in the provision of the Website; or
(iv) any equipment, network or software owned or used by any third party in connection with your use of the Website.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with Brother.
Whenever you make use of a feature on the Website that allows you to upload feedback, comments, reviews and/or other material to the Website or to make contact with other users of the Website (together the “User Content”), all such User Content must comply with the content standards set out below.
You hereby grant to Brother a non-exclusive, worldwide, royalty-free, fully-paid, transferable licence to host, cache, record, copy, display, transmit, upload, transfer, download, record and distribute such User Content.
Please use the Website responsibly. You have sole responsibility for the legality, reliability, integrity, accuracy, completeness and quality of User Content you upload or submit to the Website and Brother has no responsibility or liability for the legality, reliability, integrity, accuracy, completeness or quality of any User Content posted or submitted by you or any other user of the Website.
Brother does not monitor, screen, verify or endorse any User Content posted or submitted by you or any other user of the Website. To the fullest extent permitted by applicable law, Brother shall not be responsible or liable for any User Content, including without limitation:
(a) the content or accuracy of any User Content that is uploaded or submitted by you or any other user to, or transmitted, distributed or otherwise made available by you or any other user via, the Website;
(b) any access to or alteration of any User Content by you or any third party;
(c) any User Content which is defamatory, illegal, obscene, offensive, threatening or which infringes any third party rights, including without limitation any intellectual property rights, rights of confidentiality or rights to privacy;
(d) any User Content which does not comply with any applicable law, regulation or code of practice or which advocates or incites illegal activity; or
(e) any User Content which contains corrupted files, time bombs, Trojan horses, viruses, worms or any other technologically harmful data, programs or software.
All User Content which is uploaded or submitted to, or transmitted, distributed or otherwise made available via, the Website must comply with the following content standards. You will not publish, post, upload, record, link to or otherwise distribute or transmit any User Content that:
(a) infringes or would infringe any third party intellectual property rights or any rights to privacy;
(b) does not comply with any applicable law, regulation or code of practice or which advocates or incites illegal activity;
(c) you do not have the necessary rights, consents and permissions to do so;
(d) is used to impersonate, or to misrepresent your identity or affiliation with any person;
(e) is likely to deceive or mislead any person or is inaccurate or untrue;
(f) promotes, solicits or contains abusive, defamatory, violent, harassing, indecent, obscene, pornographic, threatening, vulgar or otherwise inappropriate, objectionable or unlawful material, or which is harmful to minors;
(g) contains corrupted files, time bombs, Trojan horses, viruses, worms or any other technologically harmful data, programs or software; or
(h) is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
By submitting or uploading to, or distributing, transmitting or making available via the Website, any User Content, you warrant that:
(a) such User Content complies with the content standards set out above and you shall indemnify us and hold us harmless us against any claims, actions, proceedings, losses, damages, expenses, costs (including any legal and other professional fees), fines and penalties suffered or incurred by Brother arising out of or in connection with any failure by you to comply with the above content standards;
(b) you are the owner, licensee or authorised user of such User Content.
You acknowledge that by uploading or otherwise making available User Content to the Website, such User Content may be visible to and accessible by others.
Brother reserves the right to remove any User Content posted or uploaded by you without notice if we receive notice that, or if in our opinion, such User Content does not comply with any of the content standards set out above.
Brother also has the right to disclose your identity to any third party who claims that any User Content posted, submitted, uploaded or otherwise distributed or made available by you via the Website is unlawful, untrue or defamatory, or constitutes a violation of their intellectual property rights, or of their right to privacy, or is in breach of any legal duty owed to that third party.
By uploading, submitting or otherwise making available User Content to our Website, you agree that you will provide to us at our request all information and assistance that may be reasonably necessary, including but not limited to providing documents or correspondence (where available), in connection with any complaint received, or claim or proceedings brought by, a third party in respect of such User Content.
We may also disclose your identity and/or User Content posted, submitted, uploaded or otherwise distributed or made available by you using the Website or any part thereof to any legal, regulatory or other administrative body of competent jurisdiction in connection with any such complaint, claim or proceeding.
If you consider any of the User Content on the Website to:
(a) contain any content which does not comply with any of the content standards set out above; or
(b) infringe any of your intellectual property rights,
please notify us of such User Content and/or alleged infringement and provide full accompanying information by using the contact details shown on the Contact Us page of the Website.
Intellectual property rights in the Website
Brother is the owner or the licensee of the copyright and all other intellectual property rights subsisting in the Website and its content. All rights are reserved.
You may print off and download extracts from the Website for your own personal non-commercial use provided that you do not modify any of the content, you do not use any graphics or photographs separately from their accompanying text and you do not remove any copyright, trade mark notification or other proprietary notices from such extracts.
You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from Brother or our licensors.
Reliance on information
Commentary and other materials or information posted on or otherwise made available via our Website are not intended to amount to advice on which reliance should be placed. We therefore exclude all liability and responsibility arising from any reliance placed on such materials or information by you, or by anyone who may be informed of any of its contents.
Any User Content made available on the Website by users of the Website represents solely the views of such user and does not represent the views of Brother and Brother does not endorse any such User Content.
Use of your personal information
This Website and the information and content contained on it are provided "as is" without any representation or endorsement made and, to the extent permitted by law, without warranty, representation, condition or assurance of any kind whether express or implied (including without limitation any warranty that the Website will be available, uninterrupted or error free).
To the extent permitted by law, we hereby expressly exclude any and all liability for:
(a) any loss, damage or costs, whether direct or indirect, incurred or suffered by you in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, including but not limited to any pure economic loss; or any loss of or damage to your hardware, data or information;
(b) the content, information and material posted or made available on our Website (including without limitation any User Content posted, uploaded or otherwise made available by you or any other users of the Website);
(c) any websites linked to our Website; and
(d) any loss of any business of yours, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
The security of communications sent over the Internet (including by e-mail) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications and shall not be responsible to you for any loss or damage that you may suffer as a result of the transmission of any such communications.
Brother shall have no liability for your inability to connect to or to access the Website which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem.
Suspension and termination
(a) immediate, temporary or permanent withdrawal of your right to use or access the Website or any part of it;
(b) issue of a warning to you;
(d) further legal action against you; and/or
(e) disclosure of such information to law enforcement or regulatory authorities as we reasonably feel is necessary or as required under applicable law.
Viruses, hacking and other offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching the above provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of any such breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect or affect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted or otherwise made available on it, or on any website linked to it.
Links from our Website
The Website may contain links to other websites and resources operated by third parties or affiliates of Brother. These links are provided for your information only. Brother has no control over the content of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Use of such websites is subject to the terms and conditions applicable to and displayed on such websites.
Applicable law and Jurisdiction