Epson Cloud Solution PORT Terms of Use for Membership Service

Dear Customer,

Please carefully read the following Terms of this Agreement before using Epson Cloud Solution PORT Membership Service.

Epson provides the Epson Cloud Solution PORT Membership Service (hereinafter referred to as "Service") on the website of the Service (hereinafter referred to as the "Website"; the Website comprise part of the Service) based on the "Epson Cloud Solution PORT Terms of Use for Membership Service" (hereinafter referred to as the "Terms of this Agreement"). The Service is provided to You in the circumstances that You have read and accepted the Terms of this Agreement. Continued use of the Service implies Your acceptance to the Terms of this Agreement. In the event You do not accept the Terms of this Agreement, please refrain from using the Service.

You shall also read and accept the Epson Cloud Solution PORT Membership Service Privacy Policy before using the Service to understand how Epson collects, processes, uses and stores any personally identifying information relating to Your use of Service.

Under the Terms of this Agreement, You may be referred as “You” or “Customer”.

General Terms

Article 1 (Definition of the Service, Acceptance to the Terms of this Agreement)

1.1 “Epson” means Epson Malaysia Sdn Bhd.

1.2 “SEC” means the Seiko Epson Corporation.

1.3 “SEC Group” means SEC and/or any entity in which SEC holds or controls, directly or indirectly, more than fifty percent (50%) of the issued share capital or voting power, including, but not limited to Epson.

1.4 The Service means the various services using the internet, which are provided exclusively for Customer whose registration has been completed by Epson after such Customer have applied for Membership Registration for the Service (hereinafter referred to as "Membership Registration") on the Website (such Customer are hereinafter referred to as "Registered Members"), in order to provide equipment (printer, etc.) management, printing status management, and maintenance service (hereinafter referred to as the "Purpose"). However, some parts of the Service may not be available depending on the type of equipment.

1.5 Epson Global ID, as specified by Epson according to Article 2, 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 of this Agreement. If You have already obtained an Epson Global ID, You can use the Service with Your registered Epson Global ID and password.

1.6 When using the Service, in addition to the Terms of this Agreement, 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 of this Agreement and the Individual Use Conditions, the Individual Use Conditions shall prevail and control.

1.7 At the time of Your commencement of the Service, Your shall be deemed to have accepted the Terms of this Agreement and Individual Use Conditions and a binding agreement between the You and Epson on the Terms of this Agreement and Individual Use Conditions shall be established.

Common Terms of Epson Global ID

Article 2 (Membership Registration and obtaining an Epson Global ID)

2.1 In order to obtain an Epson Global ID, You shall complete the Membership Registration of the Service in accordance with each section of this Article 2.

2.2 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.

2.3 Epson will determine acceptance or rejection towards Your registration according to Epson’s criteria, and 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 Epson Global ID and notify You accordingly.

2.4 You can use Your Epson Global ID as a common ID for services specified on websites operated by Epson or SEC Group (hereinafter referred to as "Epson Global ID Compatible Services").

2.5 Epson shall not be held liable for any damage incurred due to providing false or incorrect Registration Information.

2.6 Epson may use the Registration Information for the purpose of providing and improving Epson Global ID Compatible Services.

Article 3 (Membership Registration and obtaining an Epson Global ID from minors)

3.1 In case a minor wishes to register as a member and obtain an Epson Global ID, prior consent from his/her guardian (hereinafter collectively referred to as "Legal Representatives") is required. When You obtains an Epson Global ID as a minor, Epson will deem that Your Legal Representative has accepted and agreed to the Terms of this Agreement.

3.2 In case a minor falsely agrees without consent of a Legal Representative or misrepresents him/herself as a person of the age of majority and registers as a member or obtains an Epson Global ID, or using other fraudulent methods to convince Epson that he/she is a person with capacity to act, he/she may not rescind any of his/her juristic acts regarding Epson Global ID Compatible Services.

3.3 In case You are a minor at the time of Your acceptance to the Terms of this Agreement and You are using the Service after becoming the age of majority, Epson will deem all juristic acts related to the Service as ratified by You.

Article 4 (Management/change of Registration Information)

4.1 In case You detect any fraudulent use or use by a third party of Your Registration Information, or in case You forget such information, You shall immediately notify Epson by the specified method of Epson and follow the instructions of Epson. If You forget Your Epson Global ID, You will no longer be able to use Epson Global ID Compatible Services. In such case, even if there are any damages suffered by You, Epson shall not be liable for any of such damages incurred.

4.2 Any damages resulting from inappropriate management of Registration Information or due to the use by a third party shall be the responsibility of the user, and Epson shall not be liable for any of such damages.

4.3 In case of any changes occurred in Registration Information, You shall promptly carry out procedures to change the Registration Information as specified by Epson. Epson shall not be held liable for any damage due to Your not following the procedures of changing such information.

Article 5 (Handling of personal information)

5.1 Regarding the handling of personal information and information on the usage status of the Service You provide to Epson (collectively referred to as “Personal Information”), You may refer to the Epson Cloud Solution PORT Membership Service Privacy Policy, which You can find on the Website. Personal Information may be shared with SEC Group.

5.2 The Service records Customer access as a log (history) (hereinafter referred to as "Access Log"). The Access Log is used to improve the convenience of the Service and the website of the Service, and will not be used for any other Purpose.

Article 6 (Termination/cancelation of Membership Registration, Termination/deletion of Epson Global ID)

6.1 In the event Epson determines that You corresponds to any of the reasons set forth in the following items, Epson reserves the rights to terminate Your Membership Registration at its own discretion and judgment, without prior notification to or consent from You.

  1. Registration Information contains falsified data.
  2. Illegal use of another registered member's email address, Epson Global ID or password.
  3. Any action described in the prohibition as specified in Article 13.
  4. Epson Global ID is not used for more than 12 months.
  5. Violation of any provision of the Terms of this Agreement.
  6. Other improper use of the Service or Epson Global ID determined by Epson.

6.2 In addition to the foregoing, You may cancel Your Membership Registration at any time by notifying Epson according to the specified procedure on the Website.

6.3 In Your termination of use of all Epson Global ID Compatible Services (hereinafter referred to as "Termination of Epson Global ID"), Epson may terminate Your Membership Registration according to its own discretion and judgment, without prior notification to or consent by You.

6.4 Epson will delete Your Epson Global ID at the time of the termination or cancellation of Membership Registration or the termination of use of Epson Global ID according to section 6.1, 6.2, or 6.3. In such case, Your use of Epson Global ID Compatible Services, including the Service, will no longer be possible. To resume use of Epson Global ID Compatible Services, You shall obtain an Epson Global ID again according to Article 2 of the Terms of this Agreement.

6.5 At the time of termination of Epson Global ID, Epson will delete any user data accumulated, recorded and managed on the server for the Service. In such case, You are deemed to agree in advance that You can no longer use or browse such data. Epson will not respond to any of Your requests for cancellation or restoration of the data.

6.6 Even after Termination of Epson Global ID, You are not relieved from any obligation toward Epson and any third party under the Terms of this Agreement.

6.7 In the event that You are under any payment obligation to Epson at the time of Termination of Epson Global ID, any un-matured payment obligations owed by You to Epson shall be deemed to be matured, and You shall make immediate payment of the full amount.

6.8 Even after Termination of Epson Global ID, Epson may retain and use the Registration Information, Personal Information and data provided to Epson for the Purpose of improving Epson Global ID Compatible Services.

Special terms for the Service regarding Epson Global ID

Article 7 (Authority to use of Epson Global ID under the Service)

If You are using the Service on behalf of an entity, authority to use to the Epson Global ID issued by Epson to the User in charge of the Customer (refer the definition in Article 14) and a registered member other than the User in charge of the Customer (hereinafter referred to as “Employee Authority”) may be different, and Registered Members with such Employee Authority may not be able to use some of the functions of the Service. The Customer and the User in charge of the Customer shall explain aforesaid instructions in advance to the Registered Members with such Employee Authority and ensure that such Registered Members fully understand such instructions before their Membership Registration of the Service.

Attentions to use of the Service

Article 8 (Required devices)

8.1 You shall create a backup by separately storing information or data registered or stored in the Service.

8.2 You shall prepare the Devices required to use the Service (hereinafter referred to as "Device"), software, all other related Devices which are needed and any necessary telecommunication services such as a telecommunications carrier (hereinafter collectively referred to as "Equipment") at Your own expense and responsibility.

8.3 Management of the Devices set forth in section 8.2 shall be at the Your own expense and responsibility. Epson shall not be liable in case of disclosure or leaking of any of Your information, including Personal Information, data and Registration Information to a third party, as a result of Your loss of the Device.

Article 9 (Limitations due to the operating environment)

9.1 The Service may not be available depending on Your network environment or Internet connection.

9.2 Even after Your commencing of the Service, You may not be able to continue using it, due to changes in the network environment or Internet connection.

Article 10 (Grant of License)

10.1 Epson grants You the following limited and non-exclusive, revocable and non-transferable rights for the use of the Service.

  1. the right to browse, display, read, and download information regarding operating status of the Device, the usage status of the Device and the consumables related to the Device (hereinafter referred to as "Product Information").

  2. to download Epson’s software which are available by methods such as downloading from the Website and/or purchasing a subscription plan for the software from PORT marketplace (hereinafter referred to as "Epson Software").

  3. other rights to use the functions as specified by Epson.

10.2 Notwithstanding the foregoing, consent to a separate software license agreement as displayed on such Epson Software (hereinafter referred to as "EULA") is required when using Epson Software. If You cannot accept EULA, You shall not use Epson Software. If there is a conflict between the Terms of this Agreement and EULA, EULA shall prevail and control.

10.3 Any right not expressly granted in the Terms of this Agreement shall remain with Epson or the third-party licenser of Epson. No right or license shall be construed or implied under the theory of law, or interpreted by estoppel or commercial practice. Unauthorized use of the Product Information or the Service is prohibited, regardless of the Purpose of such use.

Article 10A (Terms governing the purchase and cancellation of subscription plans for Epson Software through PORT marketplace)

10A.1As part of the Service, You may access PORT marketplace from the Website through which You may purchase a subscription plan for Epson Software. The details of the subscription plan, including the subscription fee are available on PORT marketplace.

10A.2 To purchase a subscription plan, You will be required to register a credit card from which the subscription fee will be auto-deducted on a monthly basis.

10A.3 Upon Your purchase of any subscription plan, You will be informed of the date of commencement of Your subscription plan. You will be billed for Your first payment on the plan start date on a pro-rated basis and subsequently, on a recurring basis on the first of each month.

10A.4 In the event of unsuccessful deduction of the subscription fee from Your credit card on the first of the month, You will be required to update Your payment information with a valid credit card no later than 11:00pm (SGT) on the last day of the month. Failure to update Your payment information within the stipulated time will automatically result in the suspension of the subscription plan in the following month without further notice to You. For example, in the event of unsuccessful deduction from Your credit card on 1st January and You update Your payment information by 11:00pm (SGT) on 31st January, there will be no interruption to Your subscription plan in February. If Your payment information is updated at 11:01pm (SGT) on 31st January, Your subscription plan will be automatically suspended in February and will only resume in March. To avoid any interruption to Your subscription plan, You must update Your payment information within the stipulated time.

10A.5 The subscription plan will automatically renew on a monthly basis, unless You cancel Your subscription plan. You may cancel Your subscription plan at any time by selecting the cancellation option available on PORT marketplace. Unless otherwise indicated, cancellations shall take effect on the first of the month following the month in which the cancellation is requested. You may additionally reverse Your cancellation prior to the first of each month by selecting “My Organisation” on the Website, followed by “Details” and “Contracts List”. Then, select “Abort Plan Cancellation” for the relevant subscription plan.

10A.6 You may opt to upgrade or downgrade Your existing subscription plan on PORT marketplace. Any upgrade of Your subscription plan shall take effect immediately. The prorated difference between the old and new plans for the current month will be charged immediately. From the following month onwards, the new plan rate will apply. In the case of a downgrade, the difference between the old and new plans will not be refunded. The new plan rate will apply from the following month.

10A.7 Epson may make changes to the subscription fee and will communicate any price changes to You in advance. If You do not agree to the price changes, You can reject the change by unsubscribing from the subscription plan prior to the price change taking effect.

Article 10B (Collection of printer information)

10B.1 Registering a printer to Epson Cloud Solution PORT may cause the following information about the printer to be shared with Epson and/or SEC Group, in order for Epson to provide the Service and for the Purpose set out in Article 1.4 above:

  1. Information for understanding the printer’s usage environment, including the OS and version number;
  2. Printer information, including serial number, model name, total number of prints, total number of jams, error type, and jam type;
  3. Printer operation information, including sequence log, device log, print encoder log, nozzle ommisson data, interrupt log, mecha adjustment value, and sensor data; and/or
  4. Printer condition and setting information, including data collection temperature and humidity, data collection date, and printing condition.

(collectively referred to as “Printer Information”)

10B.2 For the purposes of providing the Service, Printer Information may be transferred, processed and stored in and/or outside Your country of residence.

10B.3 You are responsible for maintaining an active internet connection in order to allow the sharing of Printer Information with Epson, failing which Epson may be unable to provide the Service to You.

Article 11 (Transfer of printers)

11.1 In the event You intend to dispose the printer registered for the Service (hereinafter referred to as the "Target Printer"), or the owner of the Target Printer intend to dispose it, You shall carry out the operations such as initialization as specified by Epson prior to the disposition of such Target Printer, at Your own responsibility.

11.2 In case of violation of the obligation as set forth in section 11.1, You shall be solely responsible for such violation and Epson shall not be held liable. In the event that a third party claims compensation for damages to Epson due to such of Your violation, You shall indemnify and hold Epson harmless according to the provisions as described in Article 20 (Customer’s responsibility) of the Terms of this Agreement.

Article 12 (Principle of personal responsibility)

12.1 You may allow a specifically authorized person (hereinafter referred to as "Authorized Representative") to use the Service with Your registered information. In such case, You shall ensure that the Authorized Representative complies with the Terms of this Agreement and You shall be fully liable for the performance by the Authorized Representative. In case of any inquiry or complaint related to use by the Authorized Representative, or any dispute occurred, You shall be liable for the handling and resolution of the situation at Your own cost. Epson shall not be liable regardless of cause.

12.2 You shall be liable for the handling and resolution of any damage or disputes arising from or suffered by You or any third party including Authorized Representative, as a result of Your use of the Service, action by Epson pursuant to the Terms of this Agreement, or Your illegal or prohibited action as specified in Article 13 while using the Service. Epson shall not be liable regardless of cause.

12.3 Epson reserves the right to seek for compensation for damages to Epson caused by Your use of this Service.

Article 13 (Prohibitions)

13.1 You are prohibited from carrying out the acts which correspond to any of the items specified in the following by Yourself or allow a third party to do so, while using the Service.

  1. Acts which violate laws or regulations, court judgments, decisions or orders, or legally binding administrative measures, or acts which may promote such.
  2. Acts of fraud or intimidation to Epson or a third party.
  3. Acts against public policy.
  4. Acts which infringe on property, intellectual property rights, privacy, reputation or other rights or interests of Epson or a third party.
  5. Acts which may lead to malfunction or failure of the Service.
  6. Acts of using, creating, or distributing external tools which use unintentional bugs of the Service, or which may lead to unintentional effects on the Service.
  7. Unauthorized access to Epson networks or systems, or attemptation of such.
  8. Acts of using an Epson Global ID or password of a third party.
  9. Acts which allow a third party other than an Authorized Representative to use Your Epson Global ID or password.
  10. Acts which lead to excessive burden on the Service or the Epson server.
  11. Acts of disassembling, decompiling, reverse-engineering the Service, or any other acts analyzing the source code of the Service.
  12. Acts with risks of interfering with the operation of the Service.
  13. Acts which help finance antisocial forces.
  14. Acts which may result in disadvantage, damage, or discomfort to Epson or third party.
  15. Acts which use the Service or Product Information outside the scope of the license granted under the Terms of this Agreement.
  16. Acts which may promote the acts specified in the foregoing, or acts with risks of corresponding to the prohibitions specified in the foregoing as deemed by Epson.
  17. Other acts deemed inappropriate by Epson.

13.2 In the event Epson deems that You have carried out any of the acts correspond to any of the items set forth in section 13.1, Epson will take following action according to its own discretion, without prior notification to You, and Epson shall not be liable to You or any third party for these actions. You will not be relieved from any obligations towards Epson under the Terms of this Agreement even after receiving the suspension or termination of use of the Service.

  1. Temporarily suspend Your use of the Service, Product Information and Epson Software, or permanently terminate Your use of Your account information.
  2. Delete Your account information and Registration Information for the Service.
  3. Restrain all or part of Your use of the Service, Product Information or Epson Software.

Common terms of the Service

Article 14 (Guarantee of Authority)

You represent and warrant that You are of the legal age of majority in Your state or jurisdiction of residence and/or have all necessary authority to enter into the Terms of this Agreement, including, if applicable, due authorization by Your Legal Representatives to enter into the Terms of this Agreement. If You are agreeing to be bound by the Terms of this Agreement on behalf of Your employer or other entity (“Authorized User”), You represent and warrant that You have full legal authority to bind Your employer or such entity to the Terms of this Agreement. If You do not have the requisite authority, You may not accept the Terms of this Agreement or use the Service on behalf of Your employer or other entity.

Article 15 (Feedback)

If You provide any reports, ideas, suggestions, or recommendations to Epson regarding the Service (“Feedback”), Epson may use such Feedback and incorporate it in Epson’s products, technologies, and services without paying royalties and without any other obligations or restrictions.

Article 16 (Intellectual property rights)

16.1 Title, ownership rights, and intellectual property rights in and to the Service (including but not limited to Product Information and Epson Software) shall remain with Epson or its licensors. The Service is protected by United States Copyright Law, copyright laws of Japan and international copyright treaties, as well as other intellectual property laws and treaties. There is no transfer to You of any title to or ownership of the Service and the Terms of this Agreement shall not be construed as a sale of any rights in the Service. Epson and/or its licensors reserve all rights not granted.

16.2 You agree not to remove or alter any copyright, trademark, registered mark and other proprietary notices on any copies of the Service.

16.3 Nothing contained on and in the Service should be construed as granting by implication estoppel or otherwise any license or right to use any trademarks displayed on and in the Service. The absence of a product or service name or logo attribution anywhere in the text of the Service does not constitute a waiver of any trademark or other intellectual property rights concerning that product or service name or logo.

Article 17 (Exemption from liability for the Service)

17.1 In the event a problem or dispute arises between You and a third party related to or alleged to relate to Your use of the Service, resolution shall be made by You at Your own cost and responsibility. Epson shall not be liable for such dispute.

17.2 Epson shall not be liable for any loss or damage related to or arising from a third party’s gross negligence or willful misconduct.

17.4 Epson may disclose Registration Information or any data sent or received through the Service by You if required and have no reasonable cause to refuse to do so by a court of law, government agency, competent supervisory agency, or other official body in Japan or elsewhere in accordance with law or regulation. Epson shall not be liable for any damages incurred by You due to the disclosure.

17.5 In case a link is provided from the Service to another service or website, or a link is provided by another service or website to the Service, Epson shall not be liable for services other than the Service, other websites, or information obtained from such services and websites.

17.6 If the states do not allow the exclusion or limitation of damages in certain transactions, and in such states, the limitations and exclusions in the Terms of this Agreement may not apply and, Epson shall be liable only for Your direct and general loss or damage; provided, however, that this shall not apply to any loss or damage related to or arising from Epson’s gross negligence or willful misconduct.

Article 18 (No Warranty)

18.1 Epson makes no representations or warranties related to the Service as to non-infringement of trademark, patent, copyright, and all other intellectual property rights and trade secret, privacy, and all other legal or moral rights of a third party.

18.2 Epson makes no representations or warranties that the use or operation of the Service meets all applicable laws, rules and regulations of all states, and Epson shall not be liable for Your use of the Service in the states that do not allow use or operation of the Service.

18.3 You acknowledge and agree that the use of the Service is at Your sole risk. THE SERVICE IS PROVIDED “AS-IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EPSON DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED) INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Epson does not warrant the accuracy and completeness of the Service. Epson also does not warrant that the Service will be new, uninterrupted and error-free, or that defects will be corrected or that the Service or its server system that makes it available is free from viruses or other harmful components. Some states do not allow the exclusion or limitation of damages in certain transactions, and in such states, the above limitations and exclusions may not apply.

18.4 Epson does not warrant that You may use the Service by all devices, and You shall acknowledge and agree that the update of the operation system or browser of Your device might make error for the Service. Epson does not warrant that upgrade, update or modification for the Service by Epson correct such error.

Article 19 (Limitation of liability)

19.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EPSON BE LIABLE FOR ANY DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ARISING OUT OF THE TERMS OF THIS AGREEMENT, EVEN IF EPSON OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In the event the 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 amount paid by You, if any, for use of the Service.

Article 20 (Customer’s responsibility)

20.1 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 Service and Your violation of these Terms of Use. 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.

20.2 You shall be solely liable for Your data and Your use of the Service. By agreeing Terms of this Agreement, You shall represent and warrant that You have all rights related to Your data to use the Service without any infringement of copyright, applicable law, license or terms of agreement that You are binded.

Article 21 (Obligation of Confidentiality)

21.1 You hereby agree:

i. to keep and maintain all non-public information, data, ideas and/or concepts disclosed as confidential by Epson (“Confidential Information”) in the strictest of confidence and to protect the Confidential Information by using the same degree of care (but no less than a reasonable degree of care) as You use to protect Your own Confidential Information and materials of a similar nature. Confidential Information shall not include, and no obligation is imposed upon You with respect to, information that:

  1. was legally and publicly available at the time of receipt by You;
  2. is or subsequently becomes legally and publicly available through no fault of Yours, but only after, and to the extent that, the information becomes publicly available;
  3. was rightfully in Your possession before receipt from Epson without any obligation of confidentiality;
  4. is rightfully received by You from a third party without any obligation of confidentiality; or
  5. is independently developed by You without use of reference to the Confidential Information;

ii. not to use the Confidential Information other than for the Purpose; and

iii. not to disclose, publish or disseminate the Confidential Information to any person or entity except to officers and employees of Yours who:

  1. need to know such Confidential Information for the Purpose,
  2. have been made aware that such Confidential Information is subject to confidentiality obligations and
  3. have entered into an employment or other agreement with You containing confidentiality obligations no less stringent than those contained in the Terms of this Agreement.

21.2 In the event You notice or know the unauthorized use or plagiarism, or threatened unauthorized use or plagiarism of the Confidential Information, You shall notify of such situation promptly a contact address separately indicated by Epson.

Article 22 (End of use of the Service)

22.1 Termination of the use of the Service and cancellation of Membership Registration can be carried out at any time by notifying Epson according to the method specified on the Website.

22.2 When terminating use of the Service, Epson will delete the data stored, recorded or managed on the server by the user. In such case, the user is deemed to agree in advance to no longer use or browse the data. Epson shall have no obligation to restore or cancel of such deleted data.

22.3 Even after termination of the Service, You are still under obligation to fulfill the Terms of this Agreement by Epson and any third party.

22.4 At the time of termination of use of the Service by You, any un-matured payment obligations owed by You to Epson shall be deemed to be matured, and You shall make immediate payment of the full amount.

Article 23 (Change, suspension, or termination of the Service)

23.1 Epson may temporarily suspend or terminate the Service or change the contents of the Service, all or in part, at the discretion and judgment of Epson, without prior notification or consent from You. Epson shall not be liable for any disadvantage or damage incurred by You or any third party due to such temporary suspension, termination or change.

23.2 In the event of any of the reasons as described in the following subsections, Epson may change the contents of the Service, all or in part, or temporarily suspend or terminate the Service, at the discretion and judgment of Epson, without prior notification or consent from the customer. Epson shall not be liable for any disadvantage or damage incurred by You or any third party due to such temporary suspension, termination or change.

  1. In case of maintenance, inspection or upgrading of equipment such as servers is required, or when a problem arises.
  2. In case service of the telecommunications carrier cannot be normally provided.
  3. In cases where it becomes difficult to provide the Service due to force majeure, including without limitation to, a natural disaster such as an earthquake, tsunami, volcanic eruptions, blackouts (including planned blackouts), fire, other accident, war, conflict, upheaval, riot, or labor dispute.
  4. In cases operation of the Service becomes impossible due to the law or measures based on it.
  5. In addition, in cases where Epson determines that it is necessary to change the contents of the Service or suspend or terminate the Service.

Article 24 (Changes in the Terms of this Agreement)

24.1 Epson may change the Terms of this Agreement, by prior notification to You of its intention to change the contents of this Agreement along with the effective date of such changes, subject to applicable law. Epson shall post the revised contents of the Terms of this Agreement on the Website and/or send notification to the registered e-mail address of You. Notwithstanding the foregoing, prior notice may not be provided in cases deemed as minor changes such as correction of wording which does not cause disadvantage to the user. You shall use this Service after confirming the latest contents of the Terms of this Agreement.

24.2 The revised the Terms of this Agreement shall be effective at the time of posting on the website, unless otherwise specified by Epson. Continued use of this Service deems Your consent to the revised Terms of this Agreement.

24.3 In the event You do not consent to the revised Terms of this Agreement, You shall immediately suspend the use of this Service.

Article 25 (Prohibition of the transfer of rights and obligations)

You may not transfer, inherit, or set as collateral to a third party, or otherwise dispose of Your rights or obligations as agreed upon under the Terms of this Agreement, except with the prior written consent from Epson.

Article 26 (Subcontract)

Epson may subcontract the duties necessary to provide You this Service, all or in part, to a third party at its own discretion.

Article 27 (Third party services)

You may, through hypertext or other computer links from the Service, gain access to websites and use certain services that are not under the control of or operated by Epson, but rather are controlled by third parties. You acknowledge and agree that Epson is not responsible for such third-party sites or services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. These third-party websites/services are subject to different terms and conditions and when You access and use third party websites/services, You will be legally bound by the terms and conditions of those websites/services. If there is a conflict between this Terms of this Agreement and terms and conditions of third-party websites/services, the third-party websites’/services’ terms and conditions will govern with respect to Your access and use of those websites/services. Although Epson may provide a link to a third-party website/service from the Service, such a link is not an authorization, endorsement, sponsorship or affiliation by Epson with respect to such website/services, its content, its owners or its providers. Epson provides such links for Your reference and convenience only. Accordingly, Epson makes no representations whatsoever concerning such websites/services and does not provide any support related to such third-party sites or services. Epson has not tested any information, products or software found on such websites/services and therefore cannot make any representations whatsoever with respect thereto. You agree that Epson is not responsible for the content or operation of such websites/services, and it is up to You to take precautions to ensure that whatever You select is free of items such as viruses, worms, Trojan horses and other items of a destructive nature. You are solely responsible for determining the extent to which You may use any content at any other websites/services to which You link from this Service.

Article 28 (Compliance with export laws)

Use of this Service by You shall be in compliance with applicable export laws, export restrictions and export regulations.

Article 29 (No Waiver)

Non-exercise or claim to the rights under the Terms of this Agreement by the user or Epson shall not be deemed as waiver of such rights nor affect the retroactive use of such rights.

Article 30 (Notification)

Epson may send notifications to the registered email address of You or post such notification on the Website in order to inform You of information related to this Service. Upon sending such notification email to the registered address of You or posting on the Website, Epson shall deem such notification as received by You.

Article 31 (Severability)

In case any section of the Terms of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the validity of other sections of the Terms of this Agreement shall not be affected, and shall remain valid and enforceable according to this Agreement.

Article 32 (Governing law and Jurisdiction)

The Terms of this Agreement shall be governed by and construed in accordance with the laws of Malaysia. Any dispute, controversy or claim arising out of or relating to the Terms of this Agreement, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and to be administered by the Asian International Arbitration Centre. The number of arbitrators shall be one (1), and such arbitrator shall be appointed by Epson. The place and seat of arbitration shall be Kuala Lumpur, Malaysia. You agree that the decision of the arbitrator shall be final and binding, and You undertake not to challenge or obstruct any such registration or enforcement proceedings. The language used in the arbitration proceedings shall be English.

Terms of this Agreement shall be in force as of 1 December 2024.