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

Effective Date: 20 June 2025

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE.

INTRODUCTION
Epson provides to you (“you”) a cloud-based service named “Epson Cloud Solution PORT” which enables you to remotely monitor and manage your compatible and connected Epson device as further defined in Section 1 below.
These Terms & Conditions govern your access to and use of the Service, including any data accompanying or generated by the Service, and constitutes a binding legal agreement between you and Epson. Please review the relevant Epson privacy policy for Australia, Epson Australia - Privacy Policy and for New Zealand, Epson New Zealand - Privacy Policy (“Privacy Policy”) to understand how Epson collects, processes, uses, discloses and stores certain information, which may include personal information, in connection with the Service and related software.
YOU ACKNOWLEDGE AND AGREE THAT, BY REGISTERING AN ACCOUNT FOR THE SERVICE, ACCESSING OR USING THE SERVICE, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT FROM, OR ON, OR THROUGH THE SERVICE, 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 SERVICE AND YOU MUST IMMEDIATELY STOP ACCESSING OR USING THE SERVICE. IF YOU ACCESS OR USE THE SERVICE IN BREACH OF THIS CLAUSE C, YOU WILL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR LIABILITY CAUSED BY, OR IN CONNECTION WITH, SUCH ACCESS OR USE. 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:

Agreement means these Terms and Conditions and the DCA EULA.

Authorised users means the user’s officers, employees, contractors, customers, dealers and other persons who the user authorises to use or access the Service.

DCA EULA means the terms located at Epson Data Collection Agent or as displayed on the Data Collection Agent at the time of your installation of the Data Collection Agent.

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.

Epson Global ID means the unique account ID issued to you when you complete your membership registration.

Ink Usage Notice means to the material published in conjunction with this service related to ink consumption and documented on the website.

Individual Use Conditions means the individual terms and conditions of use and cautions regarding individual functions which comprise the Service, displayed in the Service from time to time.

Service means Epson’s cloud-based service known as “Epson Cloud Solution PORT” or “ECSP” and includes:
  1. all related features and functionalities;
  2. the associated website portal, software and any related applications;
  3. all Epson and third-party content associated with or hosted on the service; and
  4. any other Epson service or product, including interfacing devices, having similar features and functionalities released by Epson from time to time for use with the service.
Terms and Conditions means these terms and conditions.

2. REGISTRATION
Registration. To access the Service you must have internet access to sign up and register your account. You must either (as the case may be):
  1. 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 hardware device and agree to observe and comply with the DCA EULA prompted during the software installation of the DCA; or
  2. activate the Service from devices with embedded Service capability via the embedded status agent (“ES Agent”).
You acknowledge that some parts of the Service may not be available on all Epson devices. Information about Epson devices compatible with the Service is available at Epson Cloud Solution PORT - Epson Australia.
Use of Epson Global ID. You must obtain an Epson Global ID in order to use the Service. To obtain an Epson Global ID, you must register as a member according to the procedures set out in section 3. If you already have an Epson Global ID, you can use the Service with your existing Epson Global ID and password.
3. MEMBERSHIP REGISTRATION AND OBTAINING EPSON GLOBAL ID
Membership registration. In order to obtain an Epson Global ID, you must complete the membership registration for the Service as described in this Section 3.
Epson Global ID You must provide true and accurate information (including personal information, such as your email address, for Epson to contact, provide guidance or notification to you), hereinafter referred to as “Registration Information”.
Registration decision. Epson will, acting reasonably, accept or reject your registration according to Epson’s eligibility criteria which are required in order for Epson to meet its legal obligations under applicable law and mitigate the risk of fraud or misuse of the Service. If your registration is accepted, Epson will notify you and issue you with an Epson Global ID.
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. You are responsible for any loss or damage incurred by you due to you providing false, incorrect Registration Information, or forgetting your Epson Global ID. You must and your Authorised Users must immediately notify Epson if you have forgotten you Epson Global ID at the following contact address business-support@epson.com.au and must follow Epson’s reasonable instructions.
Other services You authorise Epson to use the Registration Information for the purpose of providing and improving Epson products and services and for communicating to you about Epson products and services.
Changes. Epson reserves the right to change the Service. Epson will provide you with reasonable notice of any material change and the date by which such change comes into effect. By continuing to use the Service you agree that the changed Services are subject to these Terms & Conditions from the effective date of the change. If you do not agree to the changes, you must cease using the Services and deactivate your Service account before the effective date of the change.
4. USE OF THE SERVICE
License of Use. The Service is 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 and use the Service for your internal business purposes to browse, display, read, and download information regarding operating status of the compatible Epson devices you have registered with the Service, the usage status of the hardware and the consumables related to the device so long as you have an active registered account for the Service. Except for the above licence, no right, title or interest in the Service is granted to you. You may use the Service only in Australia or New Zealand.
Use in Compliance with Laws. You agree to ensure that your use of the Service will at all times be in accordance with all applicable laws, rules and regulations, including but not limited to Australia and New Zealand’s export laws and regulations that may be applicable to you. By accessing and using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on an Australian and New Zealand export prohibition list or otherwise a prohibited person under applicable law.
Disposal of device. In the event you sell or otherwise transfer to a third party or dispose of the Epson device you registered for the Service (“Device") you must follow the instructions for transfer or disposal in the Device’s user’s guide made available by Epson. You must ensure that all personal information and other confidential information is deleted from the Device prior to the transfer to a third party or dispose of the Device,. In no event shall Epson be responsible or liable for your failure to properly sell, transfer or dispose of the Device.
Ink Usage Notice. You agree and accept the “Ink Usage Notice” stipulated on this website regarding the ink consumption provided by the Service.
5. TERRITORY
The Agreement relates to the provision of the Service in Australia and in New Zealand only.
6. TECHNICAL ESCALATION
If you have a technical issue related to the Service, you can submit a formal technical escalation to Epson via the Epson Contact Centre which can be contacted at business-support@epson.com.au. Once an escalation has been received and verified, Epson will provide you via email with a tracking number as well as a notice of the initial findings (if any), and any additional requests for information, samples or site visits. Epson may keep a log of all its interactions relating to the escalation, including a full record of data and samples requested, and the date of receipt and replies.

Epson will only accept escalations submitted in accordance with this section 6.

7. YOUR EPSON GLOBAL ID AND USE OBLIGATIONS
As you have access and control over your ECSP Global ID, you:
  1. are responsible for any activity that occurs through your use of Epson Global ID;
  2. are required to maintain control over your devices and systems that are accessed by the Epson Global ID and you must not reveal your Epson Global ID and password to anyone;
  3. are responsible for updating and maintaining the accuracy of the information you provide to Epson relating to any account you maintain with Epson;
  4. acknowledge that Epson may terminate your account or use of the Epson Global ID or place your account on hold to the extent it is reasonably necessary to protect you, Epson or other parties from identity theft or other fraudulent or prohibited activity; and
  5. will co-operate with Epson in resolving problems remotely concerning your Epson Global ID and any Service account you maintain or use of Service.
In the event you notice or know of the actual, suspected or threatened unauthorised use of the Epson Global ID or Service or unauthorised use or infringement of Epson’s intellectual property rights, you must promptly notify Epson at the following contact address business-support@epson.com.au.

You agree not to:
  1. 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 Service except with Epson’s written permission;
  2. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections or security measures used by or in the Service;
  3. use any robot, spider, scraper or other automated means to access the Service;
  4. decompile, reverse engineer or disassemble the Service or any software or other products or processes accessible through the Service;
  5. insert any code or product or manipulate the content of the Service in any way;
  6. use any data mining, data gathering or extraction method in connection with the Service; or
  7. 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 Service, including any software viruses or any other computer code, files or programs. EPSON may terminate or restrict your use of the Service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the Service.
8. PRIVACY AND INFORMATION PROCESSING
The Service transmits data over the internet to and from your Epson device. For example, if you register your Epson device to the Service, the Service will cause your device to send information about your device such as the device model and serial number, and device usage information to an Epson internet site which may return service information and information about products of services that may be of interest to you to your device or Service for display. Any processing of information provided through the Service will be carried out according to applicable data protection laws and as described in the applicable Epson Privacy Policy.

Please review the Epson Privacy Policy for your territory to understand how Epson collects, processes, uses and stores information, which may include personal information. Personal information may be jointly used within the Seiko Epson Group. Please read and ensure Authorised Users read the Privacy Statement before you begin to use the Service.

To the extent permitted by applicable laws, by agreeing to these Terms & Conditions and by using the Service, you consent to the collection, use, disclosure, 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 Service and/or displayed when you use the Service, 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 whether the Service is appropriate for your intended use and meets all of your requirements (including but not limited to security requirements) and legal obligations.

You will only upload, or allow any person to upload, data:
  1. that you have express consent to collect and disclose to Epson for its use in accordance with the Epson Privacy Policy; and
  2. in accordance with applicable laws. You will be responsible for ensuring your use of data collected or accessed from the Service complies with applicable privacy law. If you are providing services to a third party using the Service you must comply with all applicable laws relating to your use of such third party's data obtained in connection with the provision of your services via the Service.
You must:
  1. implement appropriate technical and organisational security measures to protect personal information or data from misuse, loss or interference, and from unauthorised disclosure, modification or access, and against all other forms of unlawful processing (including unnecessary collection or further processing);
  2. provide Epson with reasonable assistance in responding to any inspection or audit by a governmental authority regarding the collection, processing, disclosure, storage and use of personal information or data as relating to the Service or a notifiable or eligible data breach as that or an equivalent term is defined under applicable data protection laws;
  3. notify Epson of any unauthorised access or use of personal information or other data security breach relating to your Service account, and 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 party contractors at its discretion.
11. COMMUNICATIONS
You agree that all notices and other communications that Epson provides to you may be provided electronically, for example, by email registered to your account, or notification in the Service.
12. TERMINATION OF THE ECSP
You may terminate this Agreement by deactivating your Service or Epson Global ID at any time. If the Service is deactivated, Epson will execute your deactivation immediately upon first connection of your device to the Internet after you elect to deactivate.

Epson may suspend or terminate your use of the Service or your Epson Global ID at any time if you are in breach of this Agreement or to the extent necessary to protect its legitimate interests or in the event it ceases to provide the Service in respect of the Devices or in your territory upon Epson’s reasonable prior notification to you in the circumstances, at the email address provided with your Registration Information. Epson may give shorter or no prior notice if it is reasonable in order for Epson to manage a material and immediate risk. 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 (subject to your rights under applicable data protection laws) without further liability to you.
Epson may delete Registration Information, Product Information and other information and data upon termination of your use or Authorised Users’ use of the Service (including termination by Epson).
Upon termination of Epson Global ID use, Epson may delete the data accumulated, recorded, or managed by you or your Authorised Users on the server for this Service. You and your Authorised Users acknowledge in advance that you will not be able to use or view such data upon termination of Epson Global ID use. Epson will not respond to any requests for cancellation of termination or recovery of such data after deletion.
Upon termination or suspension of these Terms & Conditions, the Epson Global ID or the Service for any reason, you must immediately stop using the Service and any related software and data associated with it, and your license to access and/or use the Service will end or be suspended, as applicable. Except that nothing in this clause excludes, restricts or modifies any rights or remedies which cannot be excluded, restricted or modified by law in New Zealand and/or Australia (including without limitation the consumer guarantees set out in section 14 below), neither party will be liable to the other party or any third party for termination of access to the Service or to the extent permitted by law or access to, or loss or corruption of, any such data resulting from such suspension or termination.
13. NO WARRANTY
Except that nothing in this clause excludes, restricts or modifies any rights or remedies which cannot be excluded, restricted or modified by law in New Zealand and/or Australia (including without limitation the consumer guarantees set out in section 14 below):

Epson does not provide any other warranty whatsoever with respect to the Service and expressly disclaims all other 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; and
Epson does not warrant that the Service will be uninterrupted, error-free or virus-free or that defects will be corrected, and makes no warranties regarding timeliness, accuracy or reliability of the Service.
14. STATUTORY GUARANTEES
For the purpose of this section 14, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Nothing in these Terms and Conditions apply where it would exclude, restrict or modify any right or remedy you may have under the Australian Consumer Law if such right or remedy cannot lawfully be excluded, restricted or modified.

Notwithstanding anything to the contrary in these Terms and Conditions, if you acquire goods (other than goods acquired for the purpose of resupply) and services from Epson as a consumer, they come with statutory guarantees under the Australian Consumer Law that are not excluded by any terms of these Terms and Conditions.

The statutory guarantees include (without limitation) the following:
  • Goods must be of acceptable quality. This means they must:
    • be safe;
    • be free from defects;
    • be acceptable in appearance and finish;
    • do all the things someone would normally expect them to do;
    • match any demonstration model or sample;
    • be fit for the purpose which Epson has represented to you it would be fit for;
    • match the description of the goods given by Epson; and
    • meet any express warranty given by Epson to you at the time of your purchase about their performance, condition and quality.
  • Services provided by Epson must:
    • be provided with due care and skill or technical knowledge;
    • be fit for the purpose or give the results that have been agreed to; and
    • be delivered within a reasonable time when there is no agreed end date.
To the extent that Epson fails to comply with a consumer guarantee applicable to you under the Australian Consumer Law, you are entitled to the remedies as set out in the Australian Consumer Law including the following:
  • for major failures with the service, you are entitled:
    • to cancel your service contract with Epson; and
    • to a refund for the unused portion, or to compensation for its reduced value,
  • you are also entitled to choose a refund or replacement for major failures with goods;
  • if a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion; and
  • you are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
To the extent permitted by law (including but not limited to the Australian Consumer Law) and to the extent it is fair and reasonable, Epson’s liability for breach or any statutory guarantee 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. LIMITATIONS OF LIABILITY
Except that nothing in this clause excludes, restricts or modifies rights or remedies which cannot be excluded, restricted or modified by law in New Zealand or Australia (including without limitation the consumer guarantees set out in Section 14):

EXCEPT FOR A PARTY’S OR ITS AUTHORISED USERS’ OR PERSONNEL’S FAILURE TO OBTAIN CONSENT AS EXPRESSLY REQUIRED UNDER THESE TERMS OF USE, A PARTY WILL NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES INCURRED BY THE OTHER PARTY THAT RESULT FROM THE ACCESS TO, USE OF OR INABILITY TO USE THE SERVICE OR FROM THE USE OF ANY PRODUCT INFORMATION FROM THE SERVICE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT YOUR USE AND AUTHORISED USERS’ USE OF THE SERVICE IS AT YOUR OWN RISK.
NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGE RELATED TO FUTURE LOSS　OR　LOSS OF PROFIT, CAUSED TO THE OTHER PARTY OR ANY THIRD PARTY, INCLUDING LOSS OF PROPERTY OR DATA, DAMAGE TO GOODWILL, SERVICE INTERRUPTION, DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE OR ACCESS THE SERVICE AND/OR PRODUCT　INFORMATION.
16. INTELLECTUAL PROPERTY RIGHTS
Epson, and any product or the Service name, image or logo related to the Service are trademarks of Epson or its licensors and may not be copied, imitated or used, in whole or in part. By using the Service 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 Service, all data resulting from and relating to use of the Service (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 Service.
17. 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 Service. You further agree that, in relation to your use of the Service,

you will not:
  1. register untrue and false information;
  2. engage in or permit un-authorised use of the Service account of another Service account holder;
  3. use the Service in a manner that suggests an unauthorised association or is beyond the scope of the license granted to you;
  4. engage in any activity in connection with the Service that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive or behaviour of a similar nature;
  5. interfere with the proper operation of any security measure used by the Service;
  6. infringe any intellectual property or other right of any third party;
  7. allow any third party to use your Service account;
  8. use, copy, distribute, transmit, broadcast, sell, reproduce, publish, communicate to the public, adapt, lease or do anything with the Service other than as permitted by these Terms & Conditions
18. MISCELLANEOUS
Changes to Terms of Use. You acknowledge and agree that Epson may, from time to time, change this Agreement. Epson must act reasonably and only modify these Terms & Conditions to the extent reasonably necessary to protect its legitimate business interests. For example, Epson may change these Terms & Conditions to reflect new features or functionality provided in the Service, to protect its intellectual property, to prevent fraud or misuse of the Service, for security or technical reasons or due to a change in applicable law. The most recent version of these Terms & Conditions are published on Epson’s website at Terms of Use (epson.com) and applies from that version’s effective date and supersedes earlier versions. You are responsible for ensuring you are familiar with the latest Terms & Conditions. If you do not accept the new Terms & Conditions, you may terminate this agreement with Epson in respect of the Service in writing with no further liability to Epson and you must cease using the Service. If you continue to use the Service after the effective date of the amended terms of these Terms & Conditions, you will be deemed to have accepted the change.
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.
No Waiver. A failure by a party to exercise or claim a right it has under these Terms and Conditions shall not be deemed as waiver of such rights.
Disputes. 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, Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia and waives any right to claim that those courts are an inconvenient forum.