We value the trust you place in Tong Fong Brush Factory. That's why we insist upon your reading these Terms of Use carefully. The Terms of Use and policies about Privacy together shall form the entire Terms of Use.

What is this Document?

1. 1. These terms of use, read together with the privacy policy constitute a legal and binding agreement between you and Tong Fong Brush Factory, a company incorporated under the laws of Taiwan, having its registered office at #87 Shin Ming Rd. Neihu Taipei Taiwan.
2. This Agreement (“Agreement”), inter alia, provides the terms that govern your access to use (i) Tong Fong Brush Factory’s website www.pandorabruhs.com; (ii) Tong Fong Brush Factory’s online lifestyle, fashion and hair brush’s, items Catalogue, hereinafter referred to as the “Portal”
3. By accessing the Portal, You hereby understand and agree that the Agreement forms a binding contract between Tong Fong Brush Factory and anyone who accesses or browses the Portal in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in the Agreement. If you do not agree to the terms contained in the Agreement, you are advised not to proceed. The terms contained in the Agreement shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Agreement.

Terms and Conditions Applicable to Users

1. Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to Tong Fong Brush Factory that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement on behalf of the minor User. Should Tong Fong Brush Factory be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, Tong Fong Brush Factory reserves the right to deactivate such User’s account without further notice.
2. The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of Tong Fong Brush Factory, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“Tong Fong Brush Factory Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the Tong Fong Brush Factory Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Tong Fong Brush Factory Content in any way for any public or commercial purpose or for personal gain.
3. Tong Fong Brush Factory authorises you to view and access the Tong Fong Brush Factory Content solely for identifying, browsing, for checking details of Products if any. Tong Fong Brush Factory, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any sale of the Products or commercial use of the Tong Fong Brush Factory Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of Tong Fong Brush Factory Content.
4. As means to assist the Users in identifying the Products of their choice, Tong Fong Brush Factory provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, Tong Fong Brush Factory disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.
5. All rights and liabilities of Tong Fong Brush Factory with respect to any Services to be provided by it shall be restricted to the scope of the Agreement. In addition to the Agreement, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that Tong Fong Brush Factory shall not be held liable for any transaction between you and any such third parties.
6. Tong Fong Brush Factory may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of the Agreement in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that this is in the fairness of things given the nature of the business and its operations and you will abide by them. As such, you must keep yourself updated at all times and review the terms of the Agreement from time to time. Such changes shall be made applicable when they are posted. Tong Fong Brush Factory may also alter or remove any content from the Platforms without notice.
7. While Tong Fong Brush Factory shall make reasonable endeavours to maintain high standards of security and shall provide the Services by using reasonable efforts, Tong Fong Brush Factory shall not be liable for any interruption that may be caused to your access or use of the Services.
8. The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. Tong Fong Brush Factory does not covenant or warrant that:
1. the Services will be made available at all times;
2. the Tong Fong Brush Factory Content available on the Platforms is complete, true, accurate or non-misleading; and
3. the Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.

User Covenants and Obligations

1. As mandated under the provisions of Regulation 3(2) of the IG Rules, Tong Fong Brush Factory hereby informs you that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that:
1. belongs to another person and to which you do not have any right;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
3. Harms minors in any way;
4. Infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. Impersonates or defames another person; or
8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
2. You are also prohibited from:
1. violating or attempting to violate the integrity or security of the Platforms or the Tong Fong Brush Factory Content;
2. transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services byTong Fong Brush Factory;
3. intentionally submitting on the Platforms, false or inaccurate information;
4. using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;
5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms; or
6. Copying or duplicating in any manner any of the Tong Fong Brush Factory Content.
3. You are also obligated to:
1. refrain from acquiring any ownership rights by downloading the Tong Fong Brush Factory Content;
2. read the Agreement and agree to accept the terms and conditions set out therein;
3. refrain from copying or modifying the Tong Fong Brush Factory Content available on the Platforms for any purpose;
4. comply with all applicable laws in connection with your use of the Platforms;
5. Not refuse the delivery of purchased Products except when damages and deficiencies can be identified upfront at the time of delivery; and
6. Use the Products for personal and non-commercial use.
4. You hereby authorise Tong Fong Brush Factory to declare and provide declarations to any Governmental authority on request on your behalf, including that the Products ordered by you are for personal and non-commercial use.

Intellectual Property Rights

1. All the intellectual property used on the Platforms by Tong Fong Brush Factory, including the Tong Fong Brush Factory Content, shall remain the property of Tong Fong Brush Factory, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Agreement, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Tong Fong Brush Factory, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.
2. If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at pandora@pandorabrush.com and let us know of your concerns.

Unlawful or Prohibited Use

All the intellectual property used on the Platforms by Tong Fong Brush Factory, including the Tong Fong Brush Factory Content, shall remain the property of Tong Fong Brush Factory, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Agreement, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Tong Fong Brush Factory, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.

Liability

1. Tong Fong Brush Factory shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products.
2. Tong Fong Brush Factory does not provide or make any representation, warranty or guarantee, express or implied about the Platforms, Products or the Services, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.

Indemnity

You hereby agree to indemnify and hold harmless Tong Fong Brush Factory, its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Agreement, (v) infringement of any intellectual property or other right of any person or entity. Tong Fong Brush Factory shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide Tong Fong Brush Factory with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.

Severability

If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the Agreement shall continue to be in full force and effect.

Term and Termination

1. The Agreement will remain in full force and effect while you use any Service in any form or capacity.
2. Tong Fong Brush Factory reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Agreement, misrepresentation of information, any unlawful activity or if Tong Fong Brush Factory is unable to verify or authenticate any information you submit to it.
3. The User may terminate the Agreement at any time, provided that the User discontinues any further use of the Platforms or Services.
4. Any provision of the Agreement which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement.

Dispute Resolution and Governing Law

1. The Agreement and any contractual obligation between Tong Fong Brush Factory and you under the Agreement shall be governed and construed by the laws of Taiwan
2. All disputes will be subject to arbitration at Taipei, Taiwan, in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. Tong Fong Brush Factory and the disputing User shall be entitled to appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed will jointly appoint the 3rd (third) arbitrator.
3. Arbitration awards shall be reasoned awards and shall be final and binding on Tong Fong Brush Factory and the disputing User, and shall be enforceable in any court of competent jurisdiction.

Waiver

Tong Fong Brush Factory’s failure to enforce any provision of the Agreement or respond to a breach by a User or Users shall in no way imply a waiver of Tong Fong Brush FactoryI’s right to subsequently enforce any provision of the terms of the Agreement or to act with respect to similar breaches by a User or Users.

Notices

All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:

Postal Address:
Tong Fong Brush Factory, Tong Fong Brush Company
Email Address:
dennis@tfbrush.com.tw

Interpretation

1. Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same.
2. Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
3. The words “include” and “including” are to be construed without limitation.