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Home Support Terms and Conditions of Use of Website

Use of Site

The following are the terms and conditions which govern your use of this website (“Site”). By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Site. The material provided on this Site is protected by law, including, but not limited to, Hong Kong Copyright Law and international treaties. This Site is controlled and operated by Brother International (HK) Limited (“Brother HK”) from its offices within Hong Kong. Brother HK makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegally prohibited. Those, who choose to access this Site from other locations, do so on their own initiative and are responsible for compliance with applicable local laws.

Ownership of Materials and Use Restrictions

The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings, product brochures and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Materials") by Brother HK or its subsidiaries and affiliates or are the properties of their respective owners. Except as provided herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Brother HK or the applicable copyright owner. You may also not, without Brother HK 's permission, "mirror" any Materials contained on this Site on any other server. Any other use of the Materials on this Site including reproduction, any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of Brother HK, is strictly prohibited.

Use of Software

Any softwares and embroidery patterns that are available on this Site ("Software") are the copyrighted work of Brother HK and/or its licensors. Use of the Software and embroidery patterns are governed by the end user license agreement (“License Agreement”) which accompany or are included with the software. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is prohibited, unless such reproduction or redistribution is permitted by the License Agreement. You may not create derivative works of the Software for commercial use for sale or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Brother HK DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

User Submissions

Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. By submitting a User Submission, You grant to Brother an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license for Brother HK and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Brother HK will have no obligations with respect to the Communications. Notwithstanding the foregoing, personal information that you submit to Brother HK for the purpose of receiving products or services will be handled in accordance with the Brother HK Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Links to Third Party Websites

Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. Brother HK has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their contents. Thus, Brother HK does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.

Disclaimers

THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Brother HK 's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. Brother HK further does not warrant the accuracy and completeness of the Materials, Software or services at this Site, nor does it warrant that any functions of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free from viruses or other harmful components. Brother HK may make changes to the Materials and services at this Site, or to the products and prices described in them, at any time without notice. We shall not be liable for any damages of any kind, including without limitation loss of profits, loss or damage to data, loss or damage to goods, and/or loss resulting from the use or reliance on any material or software on this website. The Materials and services at this Site may be out of date, and Brother HK makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Brother HK business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Limitation of Liability

In no event will Brother HK, its affiliates, or its suppliers, licensors or other third parties mentioned at this site be liable for any direct, indirect, special, incidental or consequential damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not Brother HK has been advised of the possibility of such damages. If your use of the materials, information or services from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you.

Trademarks

BROTHER and the Brother logo are both trademarks of Brother Industries, Ltd., Japan and are registered in the U.S.A. and many other countries.

Indemnification

You agree to indemnify, defend and hold Brother, its affiliates and contractors and each of their respective agents, directors, employees, information providers, licensors and licensees, and officers (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or of the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required on Brother’s defense of any such claim. Brother reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Brother.

Miscellaneous

The terms herein shall be governed by and construed in accordance with the laws of Hong Kong, exclusive of its choice of law rules. In the event that any of the provisions herein are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect. Prices, product descriptions and illustrations in this Site are subject to change without notice.

Use of Google Analytics

The site uses web analytics tools such as Google Analytics provided by Google, Inc. (“Google”). Google Analytics collects traffic data using “cookies.” The data collected is used to analyse and help us understand how you use the site. For more information about how Google handles your information, please see https://safety.google/privacy/data/.

Cookies

We use cookies on the site. A cookie is a text file that a website transfers to your computer's hard disk so that the website can remember who you are. Cookies only record those areas of a website that have been visited by your computer and for how long.

 

The site uses two types of cookies: (1) Persistent Cookies, which are cookies that remain on your computer after you leave the site; and (2) Session Cookies, which are temporary cookies that only remain on your computer until you leave the site and allow you to carry information across pages of the Website without having to re-enter information.

 

You have the ability to accept or decline cookies by modifying the setting in your browser. If you would like to do this, please see the help menu of your browser. However, you may not be able to use all the interactive features of our Website if cookies are disabled.

Social Media and Comments Policy

Although all comments are automatically displayed on Brother’s social platforms, Brother HK reserves the right, but not the responsibility, to, in its sole and absolute discretion, screen or remove any such comments or content. Brother HK reserves the right to participate in or to intervene in any conversation, if necessary. The views and opinions posted by Brother’s employees do not necessarily represent or reflect the official views of Brother HK, and similar to other comments. Brother HK reserves the right to screen, modify, edit or remove said comments or content from any of its website.

 

Constructive disagreements and debates may be considered to be conversations, but no insulting or offensive comment or content shall be accepted. Any comment judged, in the sole and absolute discretion of Brother HK, to be, without limitation, illegal, abusive, defamatory, disrespectful of the private life of others or obscene could be immediately deleted. Brother HK further reserves the right, in its sole and absolute discretion, to edit, modify or remove any comment or content that, in its sole and absolute discretion:

• Does not respect the laws in Hong Kong;

• Is of a racist, violent, obscene or pornographic wordings, as well as any abusive, hateful statement with the objective of defaming a person or an organization;

• Contains an accusation, true or false, made against a person or an organization;

• Is offensive, defamatory, trade libelous, disrespectful or injurious and/or is made against a person or organization;

• Contains any solicitation or advertising with the objective of promoting other brands;

• Is junk mail or message;

• Refers to, endorses, condones, encourages and/or discusses any illegal, inappropriate or risky conduct or activity;

• Contains personal information of individuals, including, without limitation, names, telephone numbers and addresses;

• Contains any identifiable third party products, trade-marks, brands and/or logos;

• Infringes, or might infringe, the intellectual property rights or privacy or give rise to any claims for payment;

• May interfere or disrupt any and all of Brother HK’s sites, applications or social media platforms, etc

Update of Terms and Conditions

Brother HK may from time to time revise these terms and conditions by updating this posting. Please visit this page periodically to review the current terms and conditions because they are binding on you. Your continued use of the Site will mean you accept any changes. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

* In case of discrepancies between the English and Chinese versions, the English version shall prevail.

3rd December 2019 Revised Version