Terms of use

BROTHER
TERMS OF WEBSITE USE   

Introduction. This page provides information about who we are and the legal terms and conditions (“Terms”) on which you may access and make use of our website, (the our “Site”). 

These Terms tell you who we are, the terms and conditions on which we make the our Site available to you, the ways in which you may (and may not) use our Site, and important disclaimers and limitations on our liability which apply when you visit our Site. 

Application of these Terms. Please read these Terms carefully before you start to use our Site. By using our Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, you are not authorised. Do not continue to use our Site. 

We recommend that you print a copy of these Terms for future reference. 

Our Site is available for use by both consumers and business users. If any part of these Terms relate only to consumers or to business customers then we state this clearly below.
You are a consumer if you are using our Site wholly or mainly for personal use, rather than for use in connection with you trade, business, craft or profession. 

Other terms which may apply. These Terms refer to the following additional terms, which also apply to your use of our Site:

(a) Our Privacy Policy . This sets out how we may use your information personal data when you visit our Site.

(b) Our Cookie Policy  which sets out information about the cookies on our Site.

(c) Our Customer Ratings and Reviews Terms Of Use  which sets out the terms for submitting product reviews on our Site.

These Terms do not apply to any products or services we offer for sale. Those products and service offerings are subject to separate terms and conditions that accompany the applicable product or service offerings.

Purchasing products from our Site. If you purchase products from our Site, our Terms and Conditions of Sale  will apply to the sale.
Purchasing EcoPro subscription plans. If you purchase EcoPro subscription plans from our Site, our Terms and Conditions of the Sale for EcoPro subscription plan will apply.

1. INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. We are a branch entity of Brother International Europe Limited operating in the Netherlands. Our branch office address is  Brother International Europe, Zanderij 
25, Amstelveen, Netherlands, 1185ZM. Our registered VAT number is NL863205604B01. Brother International Europe Limited is a company registered in England and Wales, with registered office at Brother House, 1 Tame Street, Audenshaw, Manchester, M34 5JE. Its company registration number is 00664172.

Contacting us. You can contact us by contacting our Customer Services Team.

2. ACCESSING OUR SITE

Availability of our Site. Access to our Site is made free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We reserve the right to suspend or withdraw the availability of all or any part of our Site without notice, for business or operational reasons. We will try to give reasonable notice on our Site of any planned suspension or withdrawal.

Acceptable Use. When using our Site, you must comply with the provisions of these Terms. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them. We may restrict or suspend your access to some or all of Our our Site where you have breached these Terms or take such action as we deem appropriate (including as described in paragraphs 7 and 8 of these Terms).

You are responsible for making all arrangements necessary for you to have access to our Site. 

3. USERS OUTSIDE THE [UK]

These Terms relate to our [UK] website,  which is directed at residents of the [United Kingdom]. Although you will have access to our UK website in other locations, We do not represent that content available on or through our Site is appropriate for use or available in other locations. 

If you are not resident in [the UK] and would like to access the relevant website for your territory and/or language, please consult our global directory at or contact our Customer Services Team, and they will be able to direct you to the relevant website for your territory.

4. CHANGES TO OUR SITE AND THESE TERMS

Changes to our Site. We reserve the right to modify the content of this our Site at any time, but we have no obligation to update any information on the our Site. 

Changes to these Terms. We may revise these Terms at any time without notice to you by amending these Terms. Such changes are effective when they are posted on our Site and your continued use of our Site after any such changes are posted will be considered acceptance by you of such changes.

Please check these Terms from time to time and each time you wish to use our Site, and take notice of any changes we make or have made, as they are effective and binding on you from the time of posting.  

[These Terms were most recently updated on [Date][when we changed clause [details of clause].]] 

 5. YOUR RELIANCE ON OUR CONTENT

We are not responsible if information made available on this our Site is not accurate, complete or current. Commentary and other materials posted on our Site are provided for general information only and are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

6. ACCOUNT DETAILS
Keeping your details safe. If you choose to set up an account on our Site, you must ensure that any log-in details, such as your username and password, are kept confidential and not disclosed to any third party.

We reserve the right to disable any user ID and password at any time, if in our reasonable opinion you have failed to comply with any provision of these Terms of use and any other terms and conditions referred to in them.

If you know or suspect that anyone other than you knows your user identification details for your account, please promptly notify us:

7. VIRUSES, HACKING AND ACCEPTABLE USE

Security of our Site. We do not guarantee that our Site will be secure or free from bugs or viruses, and to the extent permitted under applicable laws 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 your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on our Site or your downloading of any content or other materials from our Site. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

Misuse of our Site. You must not misuse our Site by knowingly introducing viruses, trojans, worms, keystroke loggers, spyware, adware, logic bombs or other content or computer code which is malicious or technologically harmful including where designed to adversely affect the operation of any computer software or hardware.

Prohibited activities. You shall not: (i) engage in “spidering”, “data scraping”, harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on our Site or for any services or features offered on or through our Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through our Site including, without limitation, any information residing on any server or database connected to our Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through our Site through any means; (iii) use our Site in any manner with the intent to interrupt, damage, disable, overburden, or impair our Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use our Site or our Site’s features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use our Site in violation of any applicable law. 

You may not use our Site:
(a) in any way that breaches any applicable local, national or international law or regulation.

(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 any content standards that we may share with you or publish on our Site from time to time.

(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

Unlawful and prohibited access. You must not access without authority, interfere with, damage or disrupt our Site or any part of it, the server on which our Site is stored or any server, computer or database connected to our Site, any equipment on which our Site is stored, and software used in the provision of our Site, or any equipment or network or software owned or used by any third party in connection with our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

No reverse engineering. You may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with our Site and/or its content, or make unauthorised use thereof. You agree that you will not use our Site in any manner that could damage, disable, overburden, or impair our Site or interfere with any other party's use and enjoyment of our Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through our Site.
You may use our Site only for lawful purposes. 

8. PRODUCT REVIEWS AND CONTENT STANDARDS 
Our Site allows users to post product reviews. We will do our best to assess any possible risks to other users from reviews posted on our Site, and we will decide in each case whether it is appropriate to use moderation (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate reviews posted on our Site, and we expressly exclude our liability for any loss or damage arising from reviews posted on our Site in contravention of our content standards, whether such reviews are moderated or not.
Before posting a review on our Site you are required to agree to our Customer Ratings and Reviews Terms Of Use (as amended from time to time) [Insert link] which set out our content standards for reviews. These content standards apply to any and reviews posted on our Site, and must be complied with in spirit as well as to the letter. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Customer Ratings and Reviews Terms Of Use.

You warrant that any such review posted by you does comply with our content standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in our Customer Ratings and Reviews Terms Of Use.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy and will do so in accordance with applicable data protection laws. For more information on how we process your personal data, please consult our privacy policy

9. SUSPENSION AND TERMINATION

Termination of Rights. When a breach of these Terms has occurred, your right to use our Site will cease immediately on a temporary or permanent basis (at our discretion), and we may take such action as we deem appropriate.

Further action. Failure to comply with any of the prohibitions in paragraphs 7, 8 and our Customer Ratings and Reviews Terms Of Use constitutes a material breach of these Terms, upon which you are permitted to use our Site, and may result in our taking all or any of the following actions in addition to withdrawing your right to use our Site:

(a) Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.

(b) Issue of a warning to you.

(c) Legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

(d) Further legal action against you.

(e) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary and in accordance with applicable data protection laws.

We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate to the extent permitted by law.

10. LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you. The website from which you are linking must comply in all respects with any content standards that we may share with you or publish on our Site from time to time.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. 

We reserve the right to withdraw linking permission without notice. 

If you wish to make any use of material on our Site other than that set out above, please address your request here.

11. LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties (such as our stockists and resellers), these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

12. INTELLECTUAL PROPERTY RIGHTS
Our Rights. We are the owner or the licensee of all intellectual property rights on our Site, and in the material published on it including all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on our Site, as well as the look and feel and the design of our Site and the organisation of the content on our Site.  Trademarks, logos and service marks displayed on the our Site, are registered and unregistered trademarks of Brother International Europe Limited, its licensors or content providers, or third parties. 

Your Rights. Nothing on this our Site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any intellectual property displayed on the our Site without the owner’s prior written permission, except as otherwise described herein. 

No commercial gain. You must not use any part of the Content content and/or materials on our Site for commercial purposes without obtaining a licence to do so from us or our Licensors. This does not prevent you from drawing the attention of others within your organisation to material posted on our Site (subject at all times to these Terms).

Permitted Uses. Subject to these Terms, you may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

No Modifications. You must not modify the paper or digital copies of any Content content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Breach of these provisions. If you print off, copy or download, or modify any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

13. OUR LIABILITY

All users:
(a) Liabilities not excluded. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any other matter in respect of which we are not permitted to exclude or limit our liability under applicable law. 

(b) Liabilities in connection with product purchases. Different limitations and exclusions of liability will apply to liability arising as a result of your purchase of products or EcoPro subscriptions from us. Please see the terms of your sales contract for further details.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.

Subject to the liability provisions applicable to all users as set out in this paragraph and the requirements of applicable laws, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, our Site or

(b) use of or reliance on any content displayed on our Site.

(c) In particular, we will not be liable for:

(d) loss of profits, sales, business, or revenue;

(e) business interruption;

(f) loss of anticipated savings;

(g) loss of business opportunity, goodwill or reputation; or

(h) any indirect or consequential loss or damage.

If you are a consumer user:

Liability for business use. We are providing our Site to you for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

Liabilities for unforeseen losses. Subject to the liability provisions applicable to all users as set out in this paragraph, we accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with any user’s use of our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it.

Digital content. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow our specifications or installation instructions or to have in place the minimum system requirements advised by us.

14. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We will only use your personal information as set out in our Privacy Policy

15. INDEMNIFICATION

If you are a business user, you agree to defend, indemnify and hold us, our affiliates, and their respective directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from (i) your use of our Site; (ii) your placement or transmission of any content or other materials through our Site, or (iii) your breach or violation of the law or of these Terms. 

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

16. OTHER IMPORTANT TERMS

Assignment. We may assign or transfer our rights and obligations under these Terms to a third party at our discretion. We will endeavour to notify you if this happens.

Third Party Rights. These Terms are between you and us. No third party shall be entitled to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or any applicable local legislation. 

Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or invalid, you and we nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the relevant paragraph, and the remaining paragraphs will remain in full force and effect..

Waiver. Our delay or failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

Jurisdiction and applicable law for consumers. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Jurisdiction and applicable law for business users. If you are using our Site in the course of your business any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

17. CONTACT US
If you have any concerns about material which appears on our Site, please contact  our Customer Services Team 
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