Epson Projector Management Connected Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE.
These Terms of Use (these “Terms of Use”) set forth a legally binding agreement between you (“user” or “you”) and Epson Australia Pty Ltd ABN 91 002 625 783 (including its subsidiaries and affiliates collectively referred to as “Epson”) and govern your use of the Service.
By using the Service on any computer, tablet or other device (collectively “Device”) you warrant that you have read, understood and agree to be bound by these Terms of Use, and give or have obtained all necessary consents to the collection, use, and sharing of data by the Epson as described in our Privacy Statement described in Section 16.1 of these Terms of Use. If you do not agree to these Terms of Use, you must not use the Service.
1. Definitions
“Authorised User/s” includes the user’s officers, employees, contractors, customers, dealers and other persons who the user authorises to use or access the Service.
“Machine/s” means Epson products and machines that are compatible with the Service and have been registered with the Service.
“Machine Owner/s” means the person who owns, or has another legal right to use the Machine/s.
“Product Information” means the technical information, usage information, diagnostics, analytics and other such information of the consumable supplies and parts of the Machines as well as technical tools, know-how and data related to the Machines.
“Service” means a service that can provide a view of your Machine fleet which makes accessible Product Information of Machines and includes:
(a) all features and functionalities of the service;
(b) the associated website portal, platform, technology, software and any related applications;
(c) all Epson and third-party content associated with or hosted on the service; and
(d) any other Epson service or product, including interfacing devices, released by Epson from time to time for use with, or in connection with, the service.
2. Content and other Matters of the Service.
2.1. In using the Service, you must comply with these Terms of Use located at https://www.projection-service.epson.com/pages/epm-connected/terms-of-use/tu_index.htm and the conditions of use for individual functions that make up the Service and other warnings, etc. (hereinafter referred to as “Individual Use Conditions”).
2.2. You must ensure that Authorised Users agree to comply with these Terms of Use, and have been informed of and consent to Epson’s use of personal information as described in Epson’s Privacy Statement referenced in Section 16. You will be liable for the acts and omissions of Authorised Users as if they were acts and omissions of yourself.
3. User Registration.
3.1. In order to access the Service:
(i) you must be registered with Epson for the Service; and
(ii) your nominated users must have:
(a) received an invitation email from Epson or its authorised dealer; and
(b) registered as an Authorised User in accordance with the instructions in the invitation email.
3.2. During and after registration you and each of the Authorised Users must provide accurate and current information including about yourself, Authorised Users, Machine Owners, Machines and your or their use of the Service (for example, including information on the identity of individual Authorised Users, their electronic mail address, division/team/department, authority/credentials, and information about Machine Owners and Machines to be registered for use with the Service; collectively referred to as “Registration Information”). You are responsible for the provision of false or incorrect Registration Information by you or your Authorised Users, or failure to provide such information and for obtaining all necessary consents to provide such information to Epson for its use as contemplated by these Terms of Use.
3.3. You must, and must ensure Authorised Users, use and maintain any electronic mail address registered in the Service, and login passwords (collectively referred to as the “Account Information”) according to the following:
(i) login passwords must be set in accordance with the password complexity instructions of Epson as shown when you registering Account Information;
(ii) you and Authorised Users are responsible for keeping your Account Information and the electronic mail account related to the electronic mail address registered in the Service secure and must not leak, share or disclose it to a third party; and
(iii) you and Authorised Users must not transfer, lend, lease, sell, share or provide Account Information and the electronic mail account related to the electronic mail address registered in the Service to any other persons or parties.
3.4. Epson is not responsible for any loss, damage, liability, penalty, fine, charge, expense, payment or cost of any nature suffered by you, Authorised Users, Machine Owners or a third party that results from your inadequate maintenance or the unauthorized use of Registration Information and Account Information.
3.5. In the event you notice or know of the actual, suspected or threatened unauthorized use or copying of Registration Information, Account Information or access to the Service, you must promptly notify Epson of such situation at the following contact address business-support@epson.com.au , and must follow Epson’s reasonable instructions.
3.6. You acknowledge and agree that Epson may use the Registration Information, Account Information and Product Information for the purpose of providing and improving the Service or other services provided by Epson or its dealers or distributors, even if you or an Authorised User withdraws from the Service or a Machine is deregistered or your use or Authorised Users’ use of the Service is terminated or suspended. You must obtain all necessary consents for Epson to use such information for this purpose.
3.7. (If you are a corporation) if you are registering or using the Service on behalf of a company or other organization, you represent and warrant that you have the authority to bind that company or other organization to these Terms of Use.
If you do not have adequate authority, you must not accept these Terms of Use on behalf of or as a representative of such entity and you must not use the Service.
(If you are an individual) You represent and warrant that you are of the legal age of majority in your state or jurisdiction of residence and enter into the agreement under these Terms of Use in order to use the Service for your own business purpose and have all necessary competence and capacity to do so.
4. Notices from Epson.
4.1. In order to notify you or Authorised Users of information relating to the Service, Epson may send an electronic mail to the email address registered as Registration Information or post notifications on Epson’s websites for the Service.
4.2. You agree and consent that all notices and other communications that Epson is legally required to give you in writing may be provided to you electronically, for example, at your email address, or notification in the Service. Such notices from Epson will be deemed delivered and effective when sent by electronic mail by Epson to your email address or posted on the website of the Service.
5. Withdrawal, Termination of Use, etc.
5.1. You or an Authorised User may withdraw from the Service and cancel your registration as the user or Authorised User (as the case may be) of the Service by following the process indicated in the Service for termination.
In the event of termination of your use of the Service for any reason, you must promptly destroy and/or permanently erase or delete any and all Product Information you obtained through the Service and any and all copies, extracts and derivative works thereof and you must ensure all Authorised Users do the same. This obligation survives termination of these Terms of Use.
5.3. Provisions of these Terms of Use which are expressly stated to survive, or by their nature or which context requires to survive, will survive termination of these Terms of Use.
5.4. Epson may delete Registration Information, Account Information, Product Information and other information and data upon termination of your use or Authorised Users’ use of the Service (including termination by Epson).
6. Limited License.
6.1. Epson hereby grants you and Authorised Users a limited, royalty-free, non-exclusive, revocable, non-assignable and non-transferable license to use the Service to:
(i) browse, display, view and obtain the Product Information; and
(ii) use, copy and reproduce Product Information in relation to after support services, repair services, and consumables for the Machines.
You must not use and must ensure Authorised Users do not use the Service and the Product Information for any other purpose.
6.2. You and Authorised Users may only use the Service in Australia or New Zealand.
6.3. Trademarks, logos or service marks, etc. of Epson may appear on and in the Service, however, nothing contained on and in the Service should be construed as transferring the rights to them or granting by implication, estoppel or otherwise any license or right for you or Authorised Users to use the said trademarks, logos or service marks, etc. 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 by Epson.
6.4. With respect to the Service and all information (including Product Information) that Epson provides to you or Authorised Users through the Service, all rights (including ownership rights, intellectual property rights, and any other rights) not expressly granted to you are reserved by Epson or third parties licensing them. The Service is protected by United States copyright law, Japanese copyright law, international copyright treaties, and other applicable intellectual property laws and treaties. No right or license may be construed as being granted to you under any legal theory, by implication, estoppel and industry custom or otherwise and you hold only the right of use granted under these Terms of Use, and Epson and its licensors reserve all rights not granted to you. Any unauthorised use of the Product Information or the Service is prohibited.
6.5. You and Authorised Users must not remove or alter any copyright notice, trademark, registered trademark, or other proprietary notice contained in the Service or copies thereof.
7. Required Equipment, Etc.
7.1. You and/or Machine Owners are responsible for obtaining (at your own expense) any Machine, any other software required for the Service, all other necessary equipment and services associated therewith, and necessary telecommunications services provided by telecommunications carriers (hereinafter collectively referred to as “Equipment, Etc.”).
7.2. You and/or Machine Owners must manage the Equipment, Etc. at your own expense and responsibility. If you suffer any disadvantage or damage due to incompatibility, malfunction, loss, etc., of the Equipment, Etc., or if any of your information or the information of related parties, including personal information, data, etc., and Registration Information is disclosed or leaked to a third party, Epson shall not be held liable for any disadvantages or loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind incurred by you or a third party except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its personnel.
7.3. You are responsible for the content, information and data provided or uploaded by you and Authorise Users and your use and Authorise Users’ use of the Service and Product Information. By agreeing to these Terms of Use, you represent and warrant that you have all rights and obtained any necessary consents or given any required notices related to your use and Authorise Users’ use and Epson’s or its dealers’ or distributors’ use of such content, information and in connection with the Service and such use does not infringe copyright or third parties’ rights, or breach any applicable law, license or terms of agreement that you are bound to.
8. Operating Environment.
8.1. You acknowledge that the Service may be unavailable depending on your, Authorised Users’ and/or Machine Owners’ network environment and internet connection, and Epson shall not be liable to you Authorised Users and/or Machine Owners for the Service being unavailable for such reasons.
8.2. You acknowledge that the Service may become unavailable due to changes in your, Authorised Users’ and/or Machine Owners’ network environment and internet connection environment, and Epson shall not be liable to you, Authorised Users and/or Machine Owners for the Service being unavailable accordingly except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its personnel.
8.3. You understand, and have ensured that all Authorised Users and Machine Owners understand, that the use of remote controls of Machines through the Service may affect printing by the Machines.
9. Disclaimer of Representations and Warranties.
Except that nothing in this Section 9 excludes, restricts or modifies any 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 11 below):
9.1. THE SERVICE IS PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED;
9.2. EPSON DOES NOT GUARANTEE THE PERFORMANCE OF THE SERVICE OR THE RESULTS OF ITS USE;
9.3. EPSON DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED) INCLUDING BUT NOT LIMITED TO IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS AND INTERESTS OF THIRD PARTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS AND MORAL RIGHTS;
9.4. Epson does not warrant the accuracy and completeness of the Service;
9.5. Epson does not warrant that any functions of the Service will be up to date, uninterrupted and error-free, or that it or its functions will meet your, Authorised Users’ and/or Machine Owners’ needs and requirements, or that it is free from any defects or the defects will be corrected or that the websites of the Service or the server for the websites that makes it available is free from viruses or other harmful components or vulnerabilities;
9.6. Epson does not guarantee that the use or operation of the Service complies with all applicable laws and regulations of Australia and New Zealand and Epson shall not be liable for your or Authorised Users’ use of the Service in Australia or New Zealand where your or Authorised Users’ use or operation of the Service is illegal or inappropriate, except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its personnel; and
9.7. Epson does not warrant that you or Authorised Users may use the Service with all IT devices or machines, and you acknowledge and agree that the update of the operating system or browser of your or Authorised Users’ IT device or the nature or function of the related device or machines might cause an error for the Service.
10. Limitation of Liabilities.
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 11 below):
10.1. EXCEPT FOR A PARTY’S OR ITS AUTHORISED USERS’ OR PERSONNEL’S FAILURE TO OBTAIN CONSENT AS EXPRESSLY REQURIED 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
10.2. YOU ACKNOWLEDGE THAT YOUR USE AND AUTHORISED USERS’ USE OF THE SERVICE IS AT YOUR OWN RISK.
10.3. 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.
For the purpose of this Section 11, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Nothing in these Terms of Use applies 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 of Use, if you acquire goods and services from Epson as a consumer, they come with statutory guarantees under the Australian Consumer Law that are not excluded by these Terms of Use.
The statutory guarantees include (without limitation) the following:
· Goods must be of acceptable quality. This means they must:
o be safe;
o be free from defects;
o be acceptable in appearance and finish;
o do all the things someone would normally expect them to do;
o match any demonstration model or sample;
o be fit for the purpose which Epson has represented to you it would be fit for;
o match the description of the goods given by Epson; and
o 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:
o be provided with due care and skill or technical knowledge;
o be fit for the purpose or give the results that have been agreed to; and
o 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 as follows:
· 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.
· You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
12. Disclaimer for Third Party Services, etc.
You or Authorised Users may, through 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 and must procure that Authorised users acknowledge and agree that Epson is not responsible for such third-party sites or services (including information obtained therefrom), 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 or Authorised Users access and use third party websites/services, you or Authorised Users may be legally bound by the terms and conditions of those websites/services. If there is a conflict between these Terms of Use and terms and conditions of third-party websites/services, the terms and conditions of third-party websites/services will govern with respect to your or Authorised Users’ access and use of those websites/services.
Although Epson may provide a link to a third-party website/service from the Service, such 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 (including information obtained based thereon), products or software found on such websites/services and therefore cannot make any representations whatsoever with respect thereto.
You acknowledge and agree, and must procure that Authorised Users acknowledge and 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 responsible for determining the extent to which you or Authorised Users may use any content at any other websites/services to which you or Authorised Users link from the Service.
13. Self-Responsibility.
13.1. You may allow only Authorised Users who have registered to use the Service to use the Service. In such cases, you must require Authorised Users to comply with these Terms of Use and you will be responsible for acts and omissions of Authorised Users as though they were your acts or omissions. In addition, if inquiries, complaints, etc., are notified, or disputes arise due to the use of the Service by Authorised Users, you will be responsible for responding to and resolving the same at your own expense, and Epson shall not be liable for such except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its personnel.
13.2. If, as a result of your use or Authorised Users’ use of the Service, or as a result of Epson enforcing its rights under these Terms of Use, or due to your use or Authorised Users’ use of the Service to perform illegal acts, prohibited acts specified in Section 14.1, or any other act by you or Authorised Users in breach of these Terms of Use, you (including Authorised Users), a related party, Machine Owner or a third party (including owners, users, and administrators of Equipment, Etc.) suffers any damage or is involved in a dispute, you are responsible for responding to and resolving the same at your own expense, and Epson shall not be liable except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its personnel.
14. Restrictions; Suspension and Termination of Your Use, Etc.
(i) register any untrue and false information as Registration Information;
(ii) engage in or allow the unauthorized use of the Registration Information or Account Information of a third party;
(iii) use the Service or the Product Information beyond the scope of the license (the permitted purpose) granted in these Terms of Use;
(iv) 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;
(v) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Service;
(vi) use any robot, spider, scraper or other automated means to access the Service;
(vii) insert any code or product or manipulate the content of the Service in any way;
(viii) use any data mining, data gathering or extraction method in connection with the Service;
(ix) 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;
(x) do acts which lead to an excessive burden on servers related to the Service and other aspects of the Service or the Epson server or interfere with the proper operation of the Service;
(xi) do acts which you or Authorised Users know may lead to malfunction or failure of the Service;
(xii) gain, or attempt to gain, unauthorized access to Epson networks or systems or the like;
(xiii) infringe any intellectual property right, privacy right or other right or interest of any third party;
(xiv) disassemble, decompile, reverse-engineer the Service, or do any other acts analysing the source code of the Service;
(xv) violate laws or regulations, court judgments, decisions or orders, or legally binding administrative measures, or do acts which may promote the same;
(xvi) commit fraud, intimidation, or other criminal acts against Epson or a third party, or do acts of providing benefits to organised crime groups, acts contrary to public order and morals, or acts that you know will cause disadvantage, damage or discomfort to Epson or a third party; or
(xvii) send false information to third parties.
14.2. In the event you violate Section 14.1 Epson may:
(i) suspend the Service or your use or Authorised Users’ use of Product Information temporarily or permanently and terminate Account Information;
(ii) delete Account Information and Registration Information;
(iii)restrict your use or Authorised Users’ use of some or all of the Service and the Product Information; and/or
(iv) terminate these Terms of Use.
15. Confidentiality of Product Information.
15.1. You must and must ensure that all recipients of Product Information:
(i) keep and maintain the Product Information in the strictest of confidence and to protect the Product 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;
(ii) not use the Product Information other than as permitted by these Terms of Use; and
(iii)not disclose, publish or disseminate the Product Information to any person or entity not a party to this Agreement except to Authorised Users, Machine Owners or, if applicable, to your Epson dealer or Machine Owners who: (a) need to know such Product Information to provide or acquire support, maintenance or management services in relation to the Machines, (b) have been made aware that such Product Information is subject to confidentiality obligations and (c) have entered into an employment or other agreement with you containing confidentiality obligations no less stringent than those contained in these Terms of Use.
15.2. In the event you or Authorised Users notice or know of any actual, suspected or threatened unauthorized use or copying of the Product Information, you must notify and must ensure Authorised Users notify Epson of such situation promptly at the following contact address business-support@epson.com.au and shall follow Epson’s instruction thereon.
16. Privacy, Information and Data Management.
16.1. Epson will manage personal information collected in relation to the Service as described in Epson’s Privacy Statement located at https://www.projection-service.epson.com/pages/epm-connected/privacy-statement/ps_index.htm . Please read and ensure Authorised Users read the Privacy Statement before you begin to use the Service. You must obtain all necessary consents for Epson to collect, use and disclose personal information as described in Epson’s Privacy Statement.
16.2. If Registration Information or Account Information changes you must promptly update such information registered with the Service. Epson is not responsible for any loss or damage suffered by you due to your failure to, or delay in, updating the information.
16.3. Epson collects access information (IP address, date and time, websites that you connected to and the like) through use of the Service . This information may be used to provide and improve the Service and Epson’s other services (in addition, Epson may process, analyze, edit, integrate, etc. such information and the information obtained thereby can also be used by Epson). This shall apply even if you or Authorised Users withdraw from the Service or a Machine is deregistered or your use of and access to the Service is terminated or suspended. You must obtain all necessary consents for Epson to collect, use and disclose such information for this purpose.
16.4. If there are any specific privacy policies incorporated into the Service and/or displayed when you or Authorised Users use the Service or log into the Service, such specific privacy policies to the extent of any inconsistency will prevail over the terms of the Epson Privacy Statement links stated above.
16.5. You must ensure that Authorised Users and Machine Owners consent to the collection of Product Information from the Machines and the collections, use and disclosure of such information by Epson as contemplated by these Terms of Use.
16.6. You will be responsible for obtaining all necessary consents and providing notice of collection of any personal information of Authorised Users and Machine Owners and the personal information of any other persons uploaded by you or on your behalf or collected by Epson through in connection with your use of or access to the Service. You must comply with all applicable laws and regulations in respect of such personal information.
17. Data Protection.
17.1. 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.
17.2. You must:
(i) 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);
(ii) 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 relating to the Service or a notifiable or eligible data breach as that or equivalent terms are defined under applicable data protection laws;
(iii)take such action as Epson may reasonably require to ensure future compliance with all applicable data protection laws; and
(iv) promptly notify Epson at the following contact address business-support@epson.com.au of any unauthorised access or use of personal information or other data security breach as relating to the Service, and take adequate remedial measures as soon as possible.
18.1. If you or Authorised Users have a technical question related to the Service, you can submit a formal technical escalation to Epson via the Epson Contact Centre located at https://www.epson.com.au/company/contactus/.
18.2. Once an escalation has been received and verified by Epson, Epson will provide 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.
18.3. Epson will only accept escalations submitted in accordance with this Section 18.
19. Cessation, Change, Termination, etc. of the Service.
19.1. To the extent reasonably necessary to protect its legitimate interests, Epson reserves the right to change, suspend or terminate the Service, or any feature or component thereof, and discontinue support of the associated products and software at any time. Epson will provide reasonable advance notice to you at the email account registered to the Service to the extent practicable. Epson may give shorter advance notice (or no notice) of a change if it is reasonable in order for Epson to manage a material and immediate risk. Subject to Section 11, Epson is not liable to you, Authorised Users, Machine Owners or any third party for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind arising out of any change, suspension, termination or discontinuance of the Service or any feature or component.
19.2. Epson reserves the right to change, suspend or terminate the Service, or any feature or component thereof at any time on notice from Epson to you to the extent necessary to protect its legitimate interests in the event of any of the following:
(i) Epson needs to conduct maintenance of the server in relation to the Service, or Epson needs to perform emergency maintenance as a result of trouble with or disruptions to the Service;
(ii) services of telecommunications operators are not provided normally and correctly;
(iii)an occurrence due to a cause beyond the reasonable control of Epson, for example, acts of God, action or inaction of governmental, civil or military authorities, strike, lockouts or other labor dispute, unexpected accident, war, conflict, riots, earthquake, tsunami, eruption, flood, other natural disaster, fire, power cut (including planned power cut), breakdown of public common carrier or communications facilities, computer or server malfunction;
(iv) operation of the Service becomes materially impractical due to laws or measures based on the laws, or compliance with a governmental or legal order to change, suspend or terminate the Service is required; or
(v) Epson deems it reasonably necessary to modify the content of the websites and/or the Service, or to temporarily halt or suspend the Service to protect Epson’s legitimate interests.
Epson may give no prior notice of suspension or termination if it is reasonable in order for Epson to manage a material and immediate risk.
In such event and subject to Sections 10 and 11, Epson is not liable for any damage or disadvantages caused to you, Authorised Users, Machine Owners or any third party due to such change, suspension, termination or discontinuance, except where caused by the mistake, fraud, negligence or wilful misconduct of Epson or its personnel.
20. Update to Terms of Use.
20.1. Epson may from time to time revise these Terms of Use by posting the revised terms at https://www.projection-service.epson.com/pages/epm-connected/terms-of-use/tu_index.htm and giving reasonable advance notice of the change to the extent it is reasonably practicable to do so. Epson may give shorter advance notice (or no notice) of a change if it is reasonable in order for Epson to manage a material and immediate risk. Epson must act reasonably and only modify these Terms of Use to the extent reasonably necessary to protect its legitimate business interests. For example, Epson may change the terms of these Terms of Use 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 of Use are available at https://www.projection-service.epson.com/pages/epm-connected/terms-of-use/tu_index.htm and applies from that version’s effective date and supersedes earlier versions. If you or any Authorised Users continue to use the Service after the effective date of the amended terms of these Terms of Use, you will be deemed to have accepted the change. If you or Authorised Users do not accept the amended terms of these Terms of Use, you or Authorised Users must cease using the Service and withdraw in accordance with Section 5.
20.2. You and all Authorised Users consent to, and will be bound by, the revised Terms of Use at the time when you first log into the Service.
20.3. In the event you do not consent to the revised Terms of Use, 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.
21. Prohibition of the Transfer of Rights and Obligations.
Neither party may transfer, inherit, or set as collateral to a third party, or otherwise dispose of its rights or obligations as agreed upon under these Terms of Use, except with the prior written consent from the other party.
22. Subcontracting.
Epson may subcontract the duties necessary to provide you the Service, in whole or in part, to a third party at its own discretion.
23. Export Restrictions.
You and or Authorised Users must use the Service (including Product Information) in compliance with applicable export laws, export restrictions and export regulations.
24. Governing Law and Jurisdiction.
These Terms of Use shall be governed by, and construed in accordance with, the laws of New South Wales, Australia (without giving effect to its conflicts of laws provisions), and Epson and you irrevocably agree that the Courts of New South Wales, Australia shall have exclusive jurisdiction over any disputes arising out of or in connection with these Term of Use.
25. No Waiver.
Except as set forth in these Terms of Use, (i) no failure or delay by a party in exercising any of their rights, powers, or remedies under these Terms of Use will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver by a party will be effective unless in writing and signed by that party’s representative.
26. Severability.
In the event that any term or provision of these Terms of Use is deemed unenforceable or invalid under any applicable law or by a court decision, such unenforceability or invalidity shall not render the remaining terms or provisions unenforceable or invalid.
(Supplementary Provisions)
These Terms of Use were first effective as of [25/November/2023].