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Brother International (NZ) Limited – Website Terms and Conditions

This website is owned and operated by Brother International (NZ) Limited (Company Number 13243). By using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should immediately cease using our website if you do not agree to these Terms.

In these Terms, 'us', 'we', 'our' and ‘Brother’ means Brother International (NZ) Limited and our related bodies corporate.

  1. Registration

    If you register and activate an account, you may provide us with personal information such as your name, email address, and telephone number. You must ensure that this information is accurate and current. We will handle all personal information that we collect from you in accordance with our Privacy Policy.

    When you register and activate an account, we will provide you with a password. You are responsible for keeping this password secure and are responsible for all use and activity carried out under this account.

    Partner Account

    To access the “Partner Login” features of our website, we will need to set you up with a Partner account. To create a Partner account, you must:

    • be a reseller of Brother goods;
    • possess the legal right and ability to enter into a legally binding agreement with us; and
    • agree and warrant to use the website in accordance with these Terms.

    You may choose to allow certain people to use your Partner Login (e.g an employee). Where any such person makes a representation through your account, they do so as your agent and you are responsible for their actions.

    You may also apply to have your Partner account linked to other Partner accounts (e.g. other branches of your organisation) in order to share certain information.  If you choose to do so, the linking of accounts will be at our discretion.

    Customer Account

    To access the “Customer Login” features of our website, you will need to set up a Customer account.

    To create a Customer account, you must:

    • be at least 18 years of age;
    • possess the legal right and ability to enter into a legally binding agreement with us; 
    • provide such information and other confirmations as our membership application form/portal requires; and
    • agree and warrant to use the website in accordance with these Terms.

  2. Privacy

    We only collect personal information in accordance with our Privacy Policy.

    Our Privacy Policy explains: (i) the purposes for which we collect personal information (ii) how we store and use your personal information (iii) how you may access and correct your personal information; and (iv) how you can lodge a complaint regarding the handling of your personal information.

    If you would like to review our Privacy Policy, you can do so here.

  3. Accuracy, completeness and timeliness of information

    While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, we make no warranty regarding the information on this website. For this reason, you should monitor any changes to the information contained on this website.

    We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

    As addressed in clause 12 below, we may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it.

  4. Promotions and competitions

    From time to time we organise campaigns, promotions and competitions for our customers.  Where this is the case, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or competition, you will need to agree to the relevant terms and conditions applicable to that campaign, promotion or competition. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail. 

  5. Linked sites

    Our website may contain links to websites operated by our parent company and its subsidiary companies within its international business (Brother Global Network) or other third parties.  As the content and maintenance of these websites is out of our control, please be aware that we are not responsible for the content or privacy practices of Brother Global Network or other third-party sites. To make things easier for you, we distinguish these third-party websites by methods such as either opening them in a separate browser window or within a frame indicating the area within is not part of our site. In these instances, these Terms will not apply. These Terms apply solely to our website. 

  6. Intellectual property rights

    Unless otherwise indicated, all intellectual property rights (including all copyright, trademarks and other intellectual property rights relating to Brother) in this website, all material made available on this website (including product descriptions, manuals, graphics, and logos), and all derivative works based thereon, are owned by us or our licensors.

    No part of this website, including but not limited to, the trademarks, logos, names, product listings, and product details, may be copied, extracted or otherwise reproduced, in any form whatsoever, without our express written consent (and/or, if applicable, the consent of the licensor). Any such unauthorised use may result in civil and criminal penalties. 

  7. User generated content

    We may allow you to post content on our website.

    You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. This means we have the right to use your user generated content (“UGC”) for the purposes of our business in any way we see fit, and without any further notice to you or permission from you or any obligation on our part to pay you any money or provide any other compensation for our use of your UGC.  An example of how we may use your UGC is that we may extract or republish your UGC in our marketing materials.

    You are responsible to us and all relevant third parties for any UGC you upload to our website.  We are entitled to recover any costs or liability we incur as a result of your UGC, direct from you and you indemnify us accordingly. 

  8. Unacceptable activity

    When using our website, you must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

    • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
    • using this website to defame or libel us, our employees or other individuals;
    • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
    • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.


    If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

    We take no responsibility and assume no liability for any content posted, stored, transmitted or uploaded to the website by you (in the case of your content) or any third party (in the case of any and all content more generally), or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

  9. Warranties and disclaimers

    To the maximum extent permitted by law, we make no warranties or representations about this website, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

    We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

  10. Product warranties

    For clarity, these Terms only apply to our website.  Where certain products or services displayed on our website are subject to their own terms and conditions, it will be those terms and conditions that apply. 
     

  11. Liability

    To the maximum extent permitted by law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.  If you are using the website to acquire goods or services in trade for a business purpose, you agree that the Consumer Guarantees Act 1993 does not apply.
     

  12. Changes to website

    We may update our website from time to time, including without limitation, updating our retail prices and the products advertised and services that are offered on our website.

  13. Jurisdiction and governing law
    Your use of the website and these Terms are governed by the law of New Zealand and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New Zealand.
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