This website is owned and operated by Brother International (NZ) Limited (Company Number 13243) (referred to as “Brother”, “our”, “us” or “we”).
These Terms and Conditions (“Terms”), as well as our Privacy Policy, apply to your use of:
• this website (www.brother.co.nz), any associated website or microsite, and any materials downloaded from these websites (collectively referred to as the “Website”); or
• any pages or content established by or associated with Brother on any social media website, online chat forum or page, including but not limited to Facebook, X, Pinterest, TikTok, YouTube, Instagram or LinkedIn (the “Social Networking Sites”),
(together, the “Internet Sites” and any one of them being an “Internet Site”).
By using any of the Internet Sites and related services, you agree to these Terms. You should immediately cease using the Internet Sites and related services if you do not agree to these Terms.
1. Registration
If you register and activate an account with us, 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 hold, use and disclose all personal information that we collect from you through any of the Internet Sites 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 and/or Provider Account
To access the “Partner Login” features of the Website, we will need to set you up with a Partner and/or Provider account. To create a Partner account, you must:
• be a reseller of Brother goods or a technical service provider of Brother;
• 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, use, hold and disclose your personal information in accordance with our Privacy Policy.
Our Privacy Policy explains, among other things: (i) the personal information about you that we may collect from you or our Brother partners (ii) the purposes for which we collect personal information (iii) how we store, use and may disclose your personal information (iv) how you may access and correct your personal information; and (v) how you can contact us regarding the handling of your personal information.
If you would like to review our Privacy Policy, you can do so at: www.brother.co.nz/privacy-policy.
3. Accuracy, completeness and timeliness of information
While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Internet Sites, to the extent permitted by law, we make no warranty or representations regarding the information on these Internet Sites. For this reason, you should monitor any changes to the information contained on these Internet Sites.
We are not liable to you or anyone else if interference with or damage to your computer systems, software or hardware occurs in connection with the use of the Internet Sites or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Internet Sites 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 Internet Sites (including the Terms) or the information, products or services described in or on them.
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.
If you would like to view our Terms and Conditions for Giveaways and Competitions, you can do so at: www.brother.co.nz/terms-and-conditions/competition-terms-conditions.
5. Linked Websites
Our Internet Sites may contain links to websites operated by our parent company and its subsidiary companies within its international business ("Brother Global Network”), or by other third parties (together, the “Linked Websites”). As the content and maintenance of these Linked Websites is outside of our control, please be aware that we are not and will not be responsible for their content or the privacy practices of those who own and/or operate or use them and these Terms do not apply to those Linked Websites. In cases where third party plug-ins, or similar tools, interact with your personal information, be aware that such interactions are also outside of our control and, again, these Terms do not apply. We encourage you to be aware of when you leave our Website and to read the privacy statements of each and every website that you visit.
6. Intellectual property rights
Unless otherwise indicated, all intellectual property rights (including all copyright, trademarks and other intellectual property rights relating to Brother) in or on our Website, all material and content made available on the Internet Sites (including product descriptions, manuals, graphics, and logos), and all derivative works based thereon, are owned by us or our licensors.
No part of the Internet Sites, 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 the Internet Sites.
You own all of the content, feedback, and personal information you provide in this respect, but you also grant us a non-exclusive license to use 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 fully liable to us and all relevant third parties for any UGC you upload to the Internet Sites. We are entitled to recover directly from you, on demand and without deduction or set-off, any costs or liability we incur as a result of your UGC, and you indemnify us accordingly.
8. Unacceptable activity
When using the Internet Sites, you must not do any act that we would deem to be inappropriate or detrimental to Brother’s reputation, or that is unlawful or is prohibited by any laws applicable to the Internet Sites or their use, 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 any of the Internet Sites 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 any of the Internet Sites 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 any of the Internet Sites, 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 any of the Internet Sites 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 any of the Internet Sites, 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 they will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to any of the Internet Sites, any content, or any feature of any of the Internet Sites at any time without notice and we will not be responsible or liable to you for any loss, cost, damage or liability that may arise as a result.
10. Product warranties
For clarity, these Terms only apply to your use of the Internet Sites and not our products or services displayed on the Internet Sites, which are subject to their own terms and conditions.
11. Liability
To the maximum extent permitted by law, in no event shall we be liable for any direct or indirect cost, loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of any of the Internet Sites and/or the information or materials contained on any of them, or as a result of the inaccessibility of any of the Internet Sites and/or the fact that certain information or materials contained on them are incorrect, incomplete or not up-to-date. If you are using any of the Internet Sites 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 Internet Sites
We may update the Website and any content or pages of ours on the Social Networking Sites from time to time, including without limitation, updating our recommended retail prices and the products advertised and services that are offered.
13. Jurisdiction and governing law
These Terms are governed by the laws of New Zealand and you submit to the non-exclusive jurisdiction of the courts in New Zealand.
14. Social Networking Sites
These Terms must be read in addition to the respective terms and conditions governing the use of the Social Networking Sites, as published by the relevant Social Networking Site. By accessing a Social Networking Site you agree to be bound by, and comply with, the terms and conditions of that Social Networking Site, provided that these Terms are paramount where there are inconsistencies with the general terms and conditions published by the relevant Social Networking Site.
The Social Networking Sites allow you to share content with other users. Importantly, any personal information that you contribute to the Social Networking Sites can be read, collected and used by other Social Networking Site users. For example, our Facebook page is set to the public “everyone” setting in accordance with Facebook’s terms and conditions. This means that information you post is publicly available and may be accessed by everyone on the internet, be indexed by third party search engines and be imported, exported, distributed and redistributed by us and others, without privacy limitations. We have little or no control over these other users and, therefore, we cannot guarantee that any information that you contribute to any Social Networking Site will be handled in accordance with these Terms.
15. Behavioural remarketing
We may use remarketing services to advertise on third party websites to you after you visit our Website. We manage this through a variety of remarketing services and ad exchanges which use cookies to inform, optimise and serve ads based on your past visits to our Website.
One such remarketing service Brother uses is the Google AdWords remarketing service, provided by Google Inc. The remarketing services we use offer you the opportunity to opt out of their tracking systems. You can read about the information they collect and how to opt-out through each remarketing service’s own privacy policy.
16. Website security
We take Website security seriously. The Website security is certified by DigiCert.
17. Cautionary statement regarding forward-looking statements
The Internet Sites may contain forward-looking statements regarding Brother, including its business, objectives, plans, forecasts, assets, liabilities, and prospects for the future. "Forward-looking statements" may be identified by their inclusion of the words, "expect," "intend," "plan," "believe," "project," "estimate," "anticipate," "may," "will" or similar words or phrases of a future or forward-looking nature. Forward-looking statements address matters that involve risks, uncertainties and assumptions. Accordingly, there are certain important factors and assumptions that could cause our actual results or outcomes to differ materially from those indicated in our forward-looking statements. Such important factors and assumptions include, but are not limited to, the following: changes in economic conditions in any of the significant markets in which we operate, fluctuations in customer demand, changes in foreign currency exchange rates, tax rules and regulations, patent or other intellectual property infringement, technological shifts and advances, actions by our competitors, etc.
We have no obligation to update or revise any forward-looking statement appearing on any Internet Site to reflect new information we receive or events that occur following the date that such statement first appeared on the relevant Internet Site; accordingly, any forward-looking statement appearing on any Internet Site may be out of date or may have been subsequently superseded.