EPSON CLOUD SOLUTION PORT TERMS AND CONDITIONS OF USE FOR MEMBERSHIP SERVICE:

Effective Date: 31 August 2020

INTRODUCTION

Epson provides to you (“you”) a cloud-based service named “Epson Cloud Solution PORT”.

These Terms & Conditions govern your access to and use of the ECSP, including any data accompanying or generated by the ECSP, and constitutes a binding legal agreement between you and Epson. Please review the Epson privacy policy [Australia and New Zealand] to understand how Epson collects, processes, uses and stores certain information relative to the ECSP and related software, which may include your personal information.

YOU ACKNOWLEDGE AND AGREE THAT, BY REGISTERING AN EPSON ECSP ACCOUNT, ACCESSING OR USING THE ECSP, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT FROM, OR ON, OR THROUGH THE ECSP, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE ECSP AND EPSON DISCLAIMS, AND YOU RELEASE EPSON FROM, ANY LIABILITY IN RELATION TO YOUR UNAUTHORISED ACCESS OR USE OF THE ECSP. If you accept or agree to these Terms & Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such company or other legal entity to these Terms & Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

1. DEFINITIONS

For the purposes of these Terms & Conditions:

DCA EULA means Epson’s form of “Data Collection Agent” terms of use and “End User License Agreement” as revised from time to time.

ECSP means Epson’s cloud-based service known as “Epson Cloud Solution PORT”, “Epson Cloud Solution PORT Membership Remote Services” or “ECSP” and includes all related features and functionalities, the associated ECSP website portal, software and any related applications, as well as all Epson and third-party content associated with the ECSP, and also includes any other Epson service or product, including interfacing devices, having similar features and functionalities released by Epson from time to time for use subject to these Terms & Conditions.

ECSP Agreement includes these Terms and Conditions, (where applicable) the Individual Use Conditions and DCA EULA.

Epson means Epson Australia Pty Ltd ABN 91 002 625 783 and, where appropriate, includes Seiko Epson Corporation (Japan) and any of its related body corporate or affiliate companies.

Individual Use Conditions means the terms and conditions of use regarding individual functions which comprise the ECSP detailed on Epson’s website from time to time.

Terms and Conditions means these terms and conditions as revised or updated by Epson from time to time.

2. REGISTRATION

Registration. To use the EPSON Service you must have Internet access to sign up and register your account. You:

1. must download and install the Data Collection Agent (“DCA”) software from EPSON to a PC (the DCA does not run on a Mac) that is connected to the same network as your EPSON printer device; or
2. must activate ECSP from devices with embedded ECSP capability via the Embedded Status Agent (“ES Agent”),
3. agree to observe and comply with, and perform the Data Collection Agent End User License Agreement prompted during the software installation of the DCA.

You acknowledge that some parts of the EPSON Service may not be available on all EPSON printer devices.

Use of Epson Global ID. Epson Global ID shall be obtained in order to use the Service. To obtain an Epson Global ID, please register as a member according to the procedures set forth in the Terms & Conditions. If You have already obtained an Epson Global ID, You can use the Service with Your registered Epson Global ID and password.

Compliance with Individual Use Conditions. When using the Service, in addition to the Terms & Conditions, You shall comply with the conditions of use and cautions regarding individual functions (hereinafter referred to as "Individual Use Conditions") which comprise the Service listed on the Website. If there is a conflict between the Terms & Conditions and the Individual Use Conditions, the Individual Use Conditions shall prevail and control to the extent of such inconsistency.

3. MEMBERSHIP REGISTRATION AND OBTAINING EPSON GLOBAL ID

Membership registration. In order to obtain an Epson Global ID, You must complete the Membership Registration of the Service in accordance with each section of this Section 3.

Global ID In order to obtain an Epson Global ID, You are required to provide true and accurate information (including personal information, such as passwords and email addresses, for Epson to contact, provide guidance or notification, hereinafter collectively referred to as "Registration Information") during the registration process.

Registration decision. Epson will determine acceptance or rejection of Your registration according to Epson’s criteria., If Your registration is accepted, Epson will notify You upon completion of Membership Registration. Such Membership Registration shall be deemed to be completed upon notification by Epson under this section. At such time, Epson will issue You with an Epson Global ID and notify You accordingly.

Access to other services. You are permitted to use your Epson Global ID as a common ID for services specified on websites operated by Epson (Epson Global ID Compatible Services);

Liability excluded. Epson will not be liable for any damage incurred due to you providing false or incorrect Registration Information, and you indemnify, and will keep indemnified, Epson against any loss suffered or incurred by, or any claim, action or proceeding brought against, Epson in relation to any of the Registration Information being false, misleading or incomplete; and

Other services You authorise Epson to use the Registration Information for the purpose of providing and improving Epson Global ID Compatible Services and for communicating to you about Epson products and services.

Epson Global ID. If you have already obtained an Epson Global ID, you can use the ECSP with your registered Epson Global ID and password.

Changes. Epson reserves the right to change the ECSP and registration for the ECSP or any components thereof. Epson will provide current registrants with reasonable notice of any change in the registration and the date by which such changes are into effect. By continuing to use the ECSP service you agree that the changed ECSP and ECSP registration process (as the case may be) is provided subject to these Terms & Conditions.

4. USE OF THE ECSP

License of Use. The ECSP and associated sites and content are owned by Epson and protected by copyright, trademarks, database and other intellectual property rights. Epson grants you a limited, non-exclusive, non-transferable right and license to access the ECSP for your internal business purposes relative to Epson products so long as you have an active registered account with the ECSP. Except for the foregoing, no right, title or interest shall be transferred to you. You may use the ECSP only within the country in which you have established your account and only in geographic locations where Epson offers its service.

Use in Compliance with Laws. You agree to ensure that use of the ECSP, including all features and functionalities associated therewith, will at all times be in accordance with all applicable laws, rules and regulations, including without limitation any Australian and New Zealand’s export laws and regulations that may be applicable to you. By accessing and using the ECSP, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such Australian and New Zealand export prohibition list.

Disposal of printer. In the event you sell or otherwise transfer to a third party the Epson printer you registered for the ECSP ( “Printer") you represent and warrant that you will dispose of the Printer in accordance with the instructions set forth in the Printer’s user’s guide, including but not limited to initialisation of the Printer. In no event shall Epson be responsible or liable for your failure to properly dispose of the Printer.

5. TERRITORY AND AGREEMENT

The Agreement relates to the provision of the ECSP service in Australia and in New Zealand. Except as expressed otherwise the Individual Use Conditions prevail to the extent of any inconsistency with these Terms and Conditions.

6. TECHNICAL ESCALATION

If you have a technical question related to the ECSP platform a formal technical escalation can be submitted to Epson via the Epson Contact Centre, contact details can be found at business-support@epson.com.au. Once an escalation has been accepted, Epson will provide you via email with a tracking number as well as a notice of the initial findings, and any additional requests for information, samples or site visits. Every interaction after accepting the escalation will be logged to ensure a full record of data and samples requested, and the date of receipt and reply.

Epson will only accept escalations complying with this procedure.

7. YOUR ECSP GLOBAL ID AND USE OBLIGATIONS

As you have access and control over your ECSP Global ID, you:

are responsible for any activity that occurs through your use of Epson Global ID and any account established with the use of your Epson Global ID account;

are required to maintain control over your devices and systems that are accessed by the Epson Global ID and you must not reveal the Epson Global ID and password to anyone;

are responsible for updating and maintaining the accuracy of the information you provide to Epson relating to any account you maintain with Epson;

acknowledge that Epson can terminate your account or use of the Epson Global ID or place your account on hold in order to protect you, Epson or its partners from identity theft or other fraudulent or prohibited activity; and

will co-operate with Epson in resolving problems remotely concerning your Epson Global ID and any ECSP account you maintain or use of ECSP.

In the event you notice or know the unauthorised use of the Epson Global ID or unauthorised use or plagiarism, or threatened unauthorised use or plagiarism of the ECSP, you must promptly notify Epson of such situation at the contact address advised by Epson from time to time.

You agree not to:

archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the ECSP;

circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the ECSP;

use any robot, spider, scraper or other automated means to access the ECSP;

decompile, reverse engineer or disassemble any software or other products or processes accessible through the ECSP;

insert any code or product or manipulate the content of the ECSP in any way; or

use any data mining, data gathering or extraction method in connection with the ECSP. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the ECSP, including any software viruses or any other computer code, files or programs. EPSON may terminate or restrict your use of the ECSP if you violate these Terms of Use or are engaged in illegal or fraudulent use of the ECSP.

8. PRIVACY, INFORMATION PROCESSING AND DATA PROTECTION

The ECSP has the ability to connect over the Internet to transmit data to and from your printer. For example, if you register your printer to the ECSP, the ECSP may cause your printer to send information about your printer such as model and serial number, and printer usage information to an Epson internet site which may return promotional or service information to your printer for display. Any processing of information provided through the ECSP, will be carried out according to applicable data protection laws and the Epson Privacy Policy accessible via the privacy policy link on our Australian website www.epson.com.au for our Australian customers and accessible via the privacy policy link on our New Zealand website www.epson.co.nz for our New Zealand customers.

Please review Epson’s privacy policy for your territory as relates to ECSP to understand how Epson collects, processes, uses and stores certain information relative to the ECSP and related software, which may include personal information.

To the extent permitted by applicable laws, by agreeing to these Terms & Conditions and by using the ECSP, you consent to the processing and storage of your information in and/or outside your country / region of residence. If there is a specific privacy policy incorporated into the ECSP and/or displayed when you use the ECSP, such specific privacy policy will prevail over the terms of the Epson Privacy Policy links stated above.

9. DATA PROTECTION

You are responsible for determining that the ECSP, and its related security is appropriate for your intended use and meets all of your requirements and legal obligations. You will only upload or allow to be uploaded data that you have affirmative consent to: (i) share with Epson for its use in accordance with the Epson’s privacy policy as relates to ECSP; and (ii) as applicable, handle according to your privacy policy. You will remain fully responsible for the consequences of your use of such data subject to your own privacy policy and the applicable privacy law and data protection regime. If you are providing services to a third party using the ECSP and even if you have obtained prior written consent from such third party, you agree to comply with all applicable laws concerning your use of such third party's information obtained in connection with the provision of your services via the ECSP.

You must:

implement appropriate technical and organisational security measures to protect personal information or data against accidental or unlawful destruction, loss, alteration or unauthorised disclosure or access, and against all other forms of unlawful processing (including unnecessary collection or further processing);

provide Epson with reasonable assistance in responding to any inspection or audit by a governmental authority regarding the collection, processing, storage and use of personal information or data as relates to ECSP;

will take such action as Epson may require to ensure future compliance with all applicable data protection law; and

notify Epson of any unauthorised access or use of personal information or other data security breach as relates to ECSP, and will take adequate remedial measures as soon as possible.

10. CONTRACTORS AND THIRD PARTIES

Some of the tasks to be performed by Epson, may be performed on Epson’s behalf by an Epson Affiliate or by a contractor for Epson. Epson reserves the right to change or add third parties’ contractors at its discretion.

11. COMMUNICATIONS

You agree that all such notices and other communications that Epson provides to you electronically satisfy any legal requirement that such communications be in writing.

12. TERMINATION OF THE ECSP

You may deactivate your ECSP account, Epson Global ID or the ECSP provided to you for any printer you have registered, at any time. If the ECSP account is deactivated, Epson will execute your deactivation immediately upon first connection of your printer to the Internet after you elect to deactivate.

Epson may, at its option, immediately suspend or terminate your use of the ECSP, your Epson Global ID or the ECSP at any time for any or no reason upon Epson’s notification to you at the email address or by any other media you agreed to be contacted. Once your account or Epson Global ID is terminated, you will no longer have access to your account or any data Epson may have stored on its server.

You agree that Epson will not be liable to you for any termination of the ECSP or refusal of access to the ECSP or ECSP platform. Upon termination of your ECSP account for any reason, any rights granted to you under these Terms & Conditions will terminate and you will not be able to use the ECSP.

Upon termination or suspension of these Terms & Conditions, the Epson Global ID or the ECSP for any reason, you must immediately stop using the ECSP and any related software and data associated with it, and your license to access and/or use the ECSP service will end or be suspended, as applicable. Epson will not be liable to you or any third party for termination of access to the ECSP or to the extent permitted by law or access to, or corruption of, any such data.

13. NO WARRANTY

To the maximum extent permitted by law, Epson does not provide any warranty whatsoever with respect to the ECSP and/or the ECSP platform and expressly disclaims all warranties of any kind (express, implied, statutory or otherwise), including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Without limiting the foregoing, Epson does not warrant that the ECSP and the ECSP platform will not be interrupted, error- free or virus-free or that defects will be corrected, and makes no warranties regarding their timeliness, accuracy or reliability.

14. STATUTORILY IMPLIED GUARANTEES

Despite anything else in this Agreement, should Epson breach any statutorily implied warranty or guarantee, then to the extent permitted by law, Epson’s liability for such breach is limited to, at its option:

in the case of goods either repairing or replacing the goods or the supply of equivalent goods or making payment of the cost of replacing or repairing the goods or of acquiring equivalent goods; and

in the case of services, the supply of the service again or making payment of the cost of having the services supplied again.

15. USER’S INDEMNIFICATION OF EPSON

On Epson’s request, you agree to defend, indemnify, and hold Epson and its partners, licensors, officers, directors, employees and agent harmless from any and all losses, liabilities, damages and costs (including reasonable legal and accounting fees) arising from any claims, actions or demands related to or alleged to relate to your use of the ECSP, use by a third party of the ECSP under your registration, or your breach of these Terms & Conditions. Epson reserves the right to control its own defence of any third-party claim that is subject to this indemnity and the parties agree to cooperate with each other in the conduct of such defence. You will not in any event settle any claim without the prior written consent of Epson.

16. LIMITATIONS OF LIABILITY

To the fullest extent permitted by law, Epson will not be liable to you as a result of any delay or failure to perform its obligations to the extent such delay or failure is caused by an event or circumstance which is beyond its reasonable control. Epson will use reasonable efforts to resolve the disruption and will communicate and update you on progress.

To the maximum extent permitted by law, Epson will not be liable to you, whether arising under contract, tort (including negligence), breach, warranty, misrepresentation or otherwise, for any indirect, consequential, incidental, punitive or special damages, including any lost profits, lost savings, loss of goodwill, loss of business, loss of opportunity, interruption or loss or corruption of data, system failure or for any claim by any third party. In the event limitation of liability hereunder is found invalid or unenforceable by a court of competent jurisdiction, the aggregate liability of Epson to you for any damages or loss will not exceed [the total amount of AUD$100.00]

17. INTELLECTUAL PROPERTY RIGHTS

Epson, and any other product or the ECSP name, image or logo related to the ECSP are trademarks of Epson or its licensors and may not be copied, imitated or used, in whole or in part. By registering into the ECSP you will not gain any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights or other proprietary rights owned by Epson.

You acknowledge that Epson retains exclusive ownership of the ECSP technology, the ECSP, the ECSP platform, all data resulting from and relating to use of the ECSP (excluding personal data), and all (present and future) related intellectual property rights, title and interest in any ideas, concepts, know how, documentation and techniques relating to the foregoing or arising in connection with any change, enhancement or modification to the ECSP technology, the ECSP and the ECSP platform.

18. RESTRICTIONS

You agree to comply with all local, state, federal, national, foreign, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the ECSP. You further agree that, regarding your use of the ECSP, you will not: (i) register untrue and false information; (ii) un-authorise use of the ECSP account of another ESCP account holder; (iii) use the ECSP in a manner that suggests an unauthorised association or is beyond the scope of the license granted to you; (iv) engage in any activity in connection with the ECSP that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive or otherwise objectionable to Epson; (v) interfere with the proper operation of any security measure used by the ECSP; (vi) infringe any intellectual property or other right of any third party; (vii) allow any third party to use your ECSP account; (viii) do any acts that Epson deems inappropriate; (ix) use, copy, distribute, transmit, broadcast, sell, or do anything with the ECSP other than as permitted by these Terms & Conditions and (x) do or omit to do anything in breach of these Terms & Conditions.

19. MISCELLANEOUS

Changes to Terms of Use. You acknowledge and agree that Epson may, from time to time, change these Terms & Conditions. The Terms & Conditions are published on Epson’s website port.epson.com/eal and will be updated with all revisions. Such revisionsshall be effective immediately; provided however, for existing service subscribers, such revisions will not take effect until 30 days after notice of the change has been provided. You are responsible for ensuring you are familiar with the latest Terms & Conditions.

Severability. If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect.

Complete Agreement; No Waiver. These Terms & Conditions constitutes the entire and exclusive understanding between you and Epson relating to the ECSP as described herein. No other terms and conditions will apply. No change of these Terms & Conditions will be valid unless in writing and signed by Epson’s authorised representative or as otherwise published by Epson its website.

Any disputes arising out of or otherwise relating to these Terms & Conditions will be governed by the law of the state of New South Wales.