Terms and Conditions


Overview

Brother Canada’s web site (this “web site", “Brother.ca”) is provided by Brother International Corporation (Canada) Ltd. ("Brother", “Brother Canada”) and may be used for informational and transactional purposes only. By using this web site or downloading materials from this web site, you agree to be bound by the terms and conditions set forth in this Agreement.

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Your Acceptance of this Agreement

This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and Brother regarding your access to and use of Brother.ca website and all content, information, products and services available on or through the web site.

Each time you use Brother.ca you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. This Agreement is in addition to any other agreement you may have with Brother, including a transaction agreement.

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Use of Materials

Brother authorizes you to view and download the materials at this web site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You are prohibited from reproducing (including but not limited to copying onto any medium and/or downloading in electronic or other form), distributing, modifying (including but not limited to translating) or displaying (including but not limited to making accessible on any Internet site) any of the materials (written, graphics, or otherwise), appearing on this web site, in whole or in part, regardless of form, without prior, written permission from the copyright owner(s). The materials at this web site are copyrighted and any unauthorized use of any materials at this web site may violate copyright, trademark, and other laws. If you breach any of these terms, your authorization to use this site automatically terminates.

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Misprints, Errors, Product Availability and Prices

The materials (including all software) and services at this site are provided "as is" without warranties of any kind. Brother strives to provide current and accurate information on Brother.ca. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Brother cannot guarantee that products and services advertised on Brother.ca will be available when ordered or thereafter. Brother does not warrant that the content of Brother.ca including, without limitation, product descriptions or photographs, is accurate or complete.

Brother reserves the right to: (1) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (2) change at any time the products and services made available for sale on Brother.ca, the prices, fees, charges, descriptions and specifications of such products and services, any promotional offers and any other Brother.ca content without any notice or liability to you or any other person; (3) reject, correct, cancel or terminate any order, including accepted orders for any reason and (4) limit quantities available for sale or sold.

Prices on this web site are in Canadian dollars and apply to purchases made by end-users via 1-877-Brother, via Brother’s online shopping site at Brother.ca or by email to shopping@brother.ca. Retailer/reseller prices may vary. Applicable shipping and handling charges and appropriate sales taxes will be added to the product price. Brother Canada will only ship to Canadian locations. Prices are subject to change without notice, but will be confirmed upon acceptance of the order by Brother. For further information, please call 1-877-BROTHER.

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Links to Other Sites

Linked sites are not under the control of Brother and Brother is not responsible for the contents of any linked site or any link contained in a linked site. Brother provides links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by Brother.

Brother Canada administers this web site from its offices in Dollard des Ormeaux, Quebec and makes no representation that material(s) or services at this site are appropriate or available for use outside of Canada. If you choose to access this web site from outside Canada, you do so on your own initiative and are responsible for compliance with applicable local laws.

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Limitation of Liability

In no event will Brother, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any web sites 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 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.

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Use of Software

Any software that is made available to download from this web site is the copyrighted work of Brother Industries Ltd. Japan and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. You may not download or install any software that is accompanied by or includes a license agreement unless you have read and accepted the terms of the license agreement. Reproduction or redistribution of the software is prohibited except as provided for in the applicable license agreement.

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User Submissions & Transactions

Information can be submitted to Brother Canada from visitors to the web site. Personally identifiable information that any visitor submits to Brother for the purpose of receiving products or services will be handled in accordance with Brother Canada’s online Privacy Statement.

We do not, as a condition of supply of a product or service, require you to consent to collection, use or disclosure of personal information beyond what is necessary to provide the product or service. With your consent, we may also collect information from you over the telephone, by mail or in person. This information may be combined with information that you provide online, in order for Brother Canada to improve products and customer service, as well as to contact you regarding issues relating to an order that was placed via Brother Canada’s online shopping web site.

It is always your choice whether or not you provide us with your personal information. However, a decision to withhold certain personal information may restrict or prevent Brother Canada from providing goods and/or services to you, such as fulfilling promotional requests or coupon rebates.

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Usernames and Passwords

Certain areas and features of Brother.ca are accessible only to users who have been issued a login name and password (collectively "Codes") by Brother. For the purposes of accessing Brother.ca, the Codes remain the property of Brother and may be cancelled or suspended at any time by Brother in its discretion without any notice or liability to you or any other person.

Brother is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Brother may act upon any communication that is given with the use of Codes. Brother may in its discretion at any time require proof of the identity of any person seeking to access and use Brother.ca, and may deny access to and use of Brother.ca or parts of it or refuse to accept or act upon any communication if Brother is not satisfied with such proof.

If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify Brother by telephone 1-877-BROTHER if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.

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Comments Policy

Although all comments are automatically displayed on Brother’s social platforms and applications, Brother Canada reserves the right, but not the responsibility, to, in its sole and absolute discretion, screen, modify, edit or remove any such comments or content, or to request that a person modify or edit such comments or content if a complaint or notice of allegedly infringing materials is received with respect to a person’s comment or content, or for any other reason. Brother reserves the right to participate in or to intervene in any conversation, if necessary. The views and opinions posted by Brother employees do not necessarily represent or reflect the official views of Brother, and similar to other comments, Brother reserves the right to screen, modify, edit or remove said comments or content from any of its online and/or social media platforms. 

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 Canada, to be, without limitation, illegal, abusive, defamatory, disrespectful of the private life of others or obscene will be immediately deleted even before being published. Brother Canada 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 Canadian Charter of Rights and Freedoms or any and all provincial or federal laws in Canada;
  • Is of a racist, violent, obscene, pornographic, or explicit character, 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 or supporting a financial or commercial enterprise, or a non-governmental organization;
  • Is published by a person who is not the author or is not written in English or French;
  • Is incomprehensible or unrelated to the post published at the beginning;
  • Is junk mail or  sent in bulk;
  •  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 (physical or electronic);
  • Contains any identifiable third party products, trade-marks, brands and/or logos;
  • Infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
  • May interfere or disrupt any and all of Brother Canada’s sites, applications or social media platforms;
  • May, in the sole and absolute discretion of Brother Canada, degrade, tarnish or deprecate the Brother Canada brand and/or the public image or standing in the community of Brother Canada.

All persons hereby acknowledge, agree, warrant and represent to Brother Canada that they will not communicate, post or otherwise submit or transmit, through or to any of Brother Canada’s sites, applications and/or social media platforms, any comments or content that contains any of the information listed above.

All persons hereby acknowledge, agree, warrant and represent to Brother Canada that any and all comments or content (any format or media) they communicate, post, upload or otherwise submit or transmit, through or to any of Brother Canada’s sites, applications and/or social media platforms, is original to them and that they have all necessary rights in and to the comments or content and all of its components (if applicable) to communicate, post, upload, or otherwise submit or transmit it.

By using Brother Canada’s sites, applications and/or social media platforms, you are giving Brother Canada permission to forever use any comments or content you communicate, upload, post or otherwise submit or transmit to such sites, applications and/or social media platforms. You hereby grant to Brother Canadaa world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to use, copy, reproduce, adapt, transmit, publicly display, distribute, and translate any and all comments or content (in any format or media) that you communicate, upload, post or otherwise transmit or submit to Brother Canada’s sites, applications and/or social media platforms through such mediums.

Brother invites people to write their comments, their questions or their responses to other members in its social media community in order to make its social platforms interesting places where people can enjoy conversations and the information exchanged. If necessary, consumers can communicate directly with a member of the Brother team by writing to the following address: publicrelations@brother.ca.

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Governing Law and Dispute Resolution

This Agreement, your access to and use of Brother.ca, and all related matters are governed solely by the laws of Quebec and applicable federal laws of Canada applicable therein. Any dispute between you and Brother or any other person arising from, connected with or relating to Brother.ca, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of Quebec, sitting in the City of Montreal and you hereby irrevocably submit to the original and exclusive jurisdiction of this court in respect of all Disputes.

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Copyright Notice

Brother and its logo are trademarks of Brother Industries, Ltd., Japan, registered in certain countries. This includes but is not limited to: At your side™, À votre serviceMC, Multi-Function Center™ and PhotoCapture Center™. All other trademarks appearing on this web site are trademarks or registered trademarks of their respective companies. Where applicable, royalty free photography has been purchased from Comstock.com / © Jupiter Images, Getty Images, © Pro Corbis or is the property of Brother. Where applicable, music soundtracks have been purchased from Opuzz / Music by Opuzz.

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Entire Agreement

This is the entire agreement between you and Brother relating to your access and use of the Web site and the content herein.

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Last updated: November, 2011


 
 
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