For your use of this Epson Connect API site before completing the registration process for use, (1) “Terms of Use” will apply.
To those of you who wish to use applications developed by the use of Epson Connect API site (for Developer Users) (“Customer Users”), (2) “Terms of Use: Epson Connect API site (for Customer Users)” will apply for your use after completing the registration process.
To those of you who wish to develop the applications by using Epson Connect API site (for Developer Users) (“Developer Users”), (3) “Terms of Use: Epson Connect API site (for Developer Users)” will apply for your use after completing the registration process.
(1) Terms of Use
This website ("website" or "Site") is administered and maintained by the Seiko Epson Corporation ("Epson"). Your use of this website is subject to the terms described below ("Terms of Use"). Please carefully read and understand the terms of use before proceeding.
IF YOU USE THE SITE IN AUSTRALIA, SECTIONS 8-13 OF THIS DOCUMENT MAY ADDITIONALLY APPLY TO YOU. SECTIONS 9 AND 11 DESCRIBE WHEN THESE SECTIONS MAY APPLY. SECTIONS 8-13 SET OUT MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW. WHERE INDICATED, OTHER TERMS IN THESE TERMS OF USE ARE SUBJECT TO SECTIONS 8-13.
Article 1. Copyright Information
The copyright for materials supplied on this website belong to the Seiko Epson Corporation or to other third parties. None of the materials contained herein may be copied, modified, distributed, published, downloaded, uploaded, posted, or transmitted, whether in full or in part, in any form or in any way, without the prior written approval of the Seiko Epson Corporation or the copyright owner.
Article 2. Trademarks
- Trademarks, service marks, and logo marks used and displayed on this website are the registered trademarks or unregistered trademarks of Seiko Epson Corporation or third parties.
- The name "Seiko Epson Corporation" and the Epson logo may not be used in any way, including without limitation, advertising related to distribution of materials on this website, without the prior written permission Seiko Epson Corporation.
- For trademarks, service marks and logo marks used or displayed on this website, please see "Trademarks ".
General Notice: Other product names used herein are for identification purposes only and may be trademarks of their respective owners. Epson disclaims any and all rights in those marks.
Article 3. Disclaimer of Warranties and Limitation of Liability
- Subject to Section 9, (which may apply to you if you use the Site in Australia), Seiko Epson Corporation makes no warranties of any kind regarding the accuracy or completeness of any of the content, materials, or information, including software, documents, or FAQs, on this website.
- Subject to Section 9 and/or 11 (which may apply to you if you use the Site in Australia), in no event shall the Seiko Epson Corporation assume any liability whatsoever for any information errors contained on this website and Seiko Epson Corporation shall not be liable for any damages or losses to you as a result of using the information or material on this website. All materials and information on this website are subject to change without notice.
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The content of third-party websites not belonging to the Seiko Epson Corporation linked from this website or linking to this website are managed under the responsibility of the respective companies and are not under the management of the Seiko Epson Corporation.
Please use linked websites according to the conditions of usage published on the respective linked websites. Seiko Epson Corporation bears no responsibility for the content of linked websites or any damages incurred through their usage.
Article 4. Prohibited Conduct
- Subject to Section 11 (which may apply to you if you use the Site in Australia), using this website, the following conducts shall be prohibited.
- Conduct that causes a disadvantage or damage to a third party or to Seiko Epson Corporation, or that may cause such disadvantage or damage.
- Conduct that violates or may violate the laws and regulations or ordinances.
- Conduct that sells or distributes a material which is made or produced in accordance with a way or process posted or published on this website as your primary products, without the prior written permission Seiko Epson Corporation.
Article 5. Recommended Browsers
- We recommend using the latest version of browser.
- Please enable JavaScript and style sheets in your browser settings in order to view this website correctly.
Article 6. Handling of Personal Information
The personal information of customers obtained through the use of this site shall be handled appropriately in accordance with the "Privacy Policy" separately established by the Company.
Article 7. Governing Law and Jurisdiction
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The terms herein shall be governed by and construed in accordance with the laws of Japan.
In the event of a dispute between you and Epson, the parties shall submit to the exclusive jurisdiction of the Tokyo District (Summary) Court.
[IF YOU USE THE SITE IN AUSTRALIA, THE FOLLOWING SECTIONS 8 TO 13 ADDITIONALLY APPLY TO YOU]
Article 8. Definitions
For the purpose of Sections 9 - 13 of these Terms of Use, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Article 9. Australian Consumer Law
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 (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 other terms of these Terms of Use.
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 Seiko Epson Corporation has represented to you it would be fit for;
- match the description of the goods given by Seiko Epson Corporation; and
- meet any express warranty given by Seiko Epson Corporation to you at the time of your purchase about their performance, condition and quality.
- Services provided by Seiko Epson Corporation 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. For major failures with the service, you are entitled:
- to cancel your service contract with Seiko Epson Corporation; 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.
Article 10. Disclaimer of Representation and Warranties
Section 3.1 will not apply to you. The following term applies instead:
EXCEPT THAT NOTHING IN THIS SECTION EXCLUDES, RESTRICTS OR MODIFIES WARRANTIES, GUARANTEES, RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW, Seiko Epson Corporation makes no warranties of any kind regarding the accuracy or completeness of any of the content, materials, or information, including software, documents, or FAQs, on this website.
Article 11. Acquiring Product under a Consumer or Small Business Contract
If:
1. you are an individual and you use the Site wholly or predominantly for personal, domestic or household use or consumption; or
2. these Terms of Use constitutes a small business contract (as that term is defined in the Australian Consumer Law from time to time),
then Sections 12 - 13 will apply to you.
Article 12. Site Information and Materials
Section 3.2 will not apply to you. The following term applies instead:
Subject to Section 9, in no event will Seiko Epson Corporation assume any liability whatsoever for any information errors contained on this website and Seiko Epson Corporation shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind suffered by you as a result of using the information or material on this website except to the extent caused by mistake, fraud, negligence or wilful misconduct of Epson or its employees, officers, contractors or agents. All materials and information on this website are subject to change without notice.
Article 13. Prohibited Conduct
Section 4.1 will not apply to you. The following term applies instead:
You must not do any of the following in connection with using this website:
- conduct that may cause a disadvantage or damage to a third party or to Seiko Epson Corporation;
- conduct that violates or may violate applicable laws and regulations or ordinances;
- sell, license, distribute or disclose products that are made or produced according to a process published on this website or that infringe Seiko Epson Corporation’s intellectual property rights in any other way, without the prior written permission of Seiko Epson Corporation.
Last updated: 2024
(2) Terms of Use: Epson Connect API site (for Customer Users)
Welcome to the Epson Connect API site (for Customer Users) (the “Site”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.
These Terms of Use (these “Terms of Use”) set forth a legally binding agreement between you (“you,” “User” or “Customer User”) and SEIKO EPSON CORPORATION (including its subsidiaries and affiliates, collectively referred to as “Epson”) and govern your use of the Site.
IF YOU ARE LOCATED IN THE UNITED STATES, ARTICLES 33 and 34 OF THESE TERMS OF USE MAY ADDITIONALLY APPLY TO YOU.
IF YOU USE THE SITE IN AUSTRALIA, ARTICLE 35 TO ARTICLE 40 OF THESE TERMS OF USE (“ARTICLES APPLICABLE TO AUSTRALIA”) MAY ADDITIONALLY APPLY TO YOU. ARTICLE 36 AND ARTICLE 39 DESCRIBE WHEN THE ARTICLES APPLICABLE TO AUSTRALIA SHALL APPLY. THE ARTICLES APPLICABLE TO AUSTRALIA DESCRIBE MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW. WHEN THE ARTICLES APPLICABLE TO AUSTRALIA APPLY, THE ARTICLES APPLICABLE TO AUSTRALIA SHALL PREVAIL, AND OTHER TERMS IN THESE TERMS OF USE SHALL BECOME SUBJECT TO THE SAME.
In order to use the Site, you are required to agree to be bound by these Terms of Use and complete the registration process in accordance with the instructions on the Site.
Article 1. Purpose
The purpose of the Site is to make it more convenient for you to use applications and services which work with Epson products (“Purpose”).
Article 2. Definition
2.1. “Epson” means SEIKO EPSON CORPORATION (including its subsidiaries and affiliates).
2.2. “Site” means “Epson Connect API site” on the following website and any content on the Site.
https://developer.epsonconnect.com
2.3. “Service” means the service provided through the Site to Customer Users who complete the registration process.
2.4. “Terms of Use” means these “Terms of Use: Epson Connect API site (for Customer Users).”
2.5. “Users” means Developer Users and Customer Users who use the “Epson Connect API site (for Developer Users)” or “Epson Connect API site (for Customer Users).”
2.6. “Developer Users” means Users who desire to develop applications by using “Epson Connect API” and the “Epson Connect API site (for Developer Users).”
2.7. “Customer Users” means Users who desire to use any Developed Application developed by Developer Users by using “Epson Connect API” and the “Epson Connect API site (for Developer Users).”
2.8. “Purpose” means the purpose set forth in Article 1.
2.9. “Registration Information” means information that Epson requires to enable Users to use the Site as Developer Users or Customer Users.
2.10. “Account Information” means login ID and login password required to log in to the Site.
2.11. “Antisocial Force” means an organized crime group, a member of an organized crime group, a person with respect to whom five (5) years have not yet elapsed after he/she ceased to be a member of an organized crime group, a quasi member of an organized crime group, a company affiliated with an organized crime group, corporate extortionist, etc., a rogue person or group proclaiming itself as a social activist, etc., a special intellectual crime group or any other person or group analogous thereto.
2.12. “Developed Application” means an application developed by Developer Users in the course of using the Site.
Article 3. Legal 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 these Terms of Use, including, if applicable, consent by your legal representatives to enter into these Terms of Use. If you agree to be bound by these Terms of Use on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms of Use. Epson represents and warrants that it has all necessary authority to enter into these Terms of Use with you.
Article 4. Devices Required for Using the Site
4.1 You are solely liable for any and all costs and fees associated with using the Site, including any and all costs and fees associated with purchase of hardware, communication devices, software, and other services (e.g. telecommunication services) required for using the Site.
4.2 In order to use the Site by logging into it, Customer Users need to complete the registration process for Epson Connect. Customer Users shall comply with Epson Connect Members Service Terms and Conditions.
Article 5. Registration
5.1. If you wish to acquire an account for the Site as a Customer User, you must apply to Epson and provide true and accurate Registration Information as specified by Epson in the Site. If Epson finds your Registration Information to be inaccurate or false or incomplete, Epson shall have the right to decline your application. Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind incurred by you, and shall not be subject to any claim from you, for declining your application.
5.2. You shall be solely responsible for keeping and maintaining your Account Information issued by Epson and Registration Information up to date, accurate and secure. You shall be solely liable and responsible for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind arising out of or in connection with your failure to keep your Account Information and Registration Information up to date, accurate and secure. You acknowledge and agree to accept responsibility for all activities that occur using your Account Information and Registration Information, except to the extent directly caused by an intentional or negligent leak of information by Epson.
5.3. You shall not transfer, loan, lend, lease, license, distribute, disclose, provide or sell your Account Information to a third party, or permit any third party to use your Account Information.
5.4. You shall promptly notify Epson (i) of any change to your Registration Information or (ii) if you know the unauthorized use, or threatened unauthorized use, of your Account Information.
5.5. In registration of the Service, you may obtain an Epson Global ID, an account which can be used commonly for the services of Epson. You may use your Epson Global ID as a common ID for services provided pursuant to the respective terms and conditions on the websites, etc. operated by Epson, including the Service, (“Epson Global ID-compatible Services”). If you lose or forget your Epson Global ID, you will become unable to use the Epson Global ID-compatible Services.
5.6. If you withdraw from all of the Epson Global ID-compatible Services you use, your Epson Global ID will be deleted. If your Epson Global ID is deleted, Registration Information related to your Epson Global ID and data related to your Epson Global ID will be deleted. If your Epson Global ID is deleted, unless you obtain a new Epson Global ID, you will not be able to use any Epson Global ID-compatible Services.
Article 6. Termination of Membership
6.1. Epson reserves the right to refuse to provide to you the Service or access to and use of the Site, terminate, delete, change or cancel your account for, access to, or use of the Site or the Service, or remove or edit contents (“Refusal of Provision of the Service”), without prior notification, to the extent reasonably necessary to protect its legitimate business interests including but not limited to in the circumstances listed below. Epson will promptly notify you if it has taken measures for Refusal of Provision of the Service.
(a) Your Registration Information contains falsified information or data;
(b) You have used Account Information, etc. of another User without authorization;
(c) These Terms of Use, including without limitation Article 15 (Restrictions), are materially breached by you; or
(d) Your login ID has not been used for a period of one (1) year.
6.2. Subject to Article 36 (which may apply to you if you acquire goods and services from Epson in Australia), Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind resulting from Epson exercising its rights pursuant to this Article.
6.3. The provisions of these Terms of Use that by their nature are intended to survive termination shall remain in full effect even after your account is terminated.
Article 7. Limited License to the Site
7.1. Epson hereby grants you a limited, non-exclusive, revocable, non-assignable and non-transferable license to use the Site for lawful business or personal use in accordance with manuals provided by Epson only for the Purpose.
Article 8. Disclaimer of Representation and Warranties
SUBJECT TO ARTICLE 36 (WHICH MAY APPLY TO YOU IF YOU ACQUIRE GOODS AND SERVICES FROM EPSON IN AUSTRALIA),
(a) THIE SITE IS PROVIDED ON AN “AS-IS” BASIS.
(b) EPSON DISCLAIMS ALL EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES AS TO THE TIMELINESS, WORKMANLIKE QUALITY, SAFETY, MERCHANTABILITY, MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE COMPATIBILITY OF THE SERVICE WITH SPECIFIC USES OR PURPOSES, NO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS HELD BY THIRD PARTIES, WITH RESPECT TO THE SITE AND RESULTS TO BE OBTAINED BY USING THE SITE, OR ANY MATERIAL THAT CAN BE ACCESSED THROUGH THE SITE.
(c) EPSON MAKES NO GUARANTEES OR WARRANTIES AS TO THE COMPLETENESS AND ACCURACY WITH RESPECT TO THE SITE AND RESULTS TO BE OBTAINED BY USING THE SITE, OR ANY MATERIAL THAT CAN BE ACCESSED THROUGH THE SITE.
(d) Epson also does not warrant that the Site will be new, uninterrupted and error-free, that defects will be corrected, that the Site is free from vulnerability, that the Site satisfies customers’ requests or requirements, or that the Site or its server system that makes it available is free from viruses or other harmful components.
(e) Epson does not guarantee that use and operation of the Site complies with the laws and regulations of all countries and regions.
Some jurisdictions may not allow the exclusion of an implied or statutory warranty so some of the above exclusions may not apply to you in all circumstances.
Article 9. Limitation of Liabilities
9.1. SUBJECT TO ARTICLES 36 AND/OR ARTICLE 39 (WHICH MAY APPLY TO YOU IF YOU ACQUIRE GOODS AND SERVICES FROM EPSON IN AUSTRALIA), AND UNLESS OTHERWISE CLEARLY PROVIDED FOR IN THESE TERMS OF USE, TO THE MAXIMUM EXTENT LEGALLY PERMITTED, EPSON WILL NOT ASSUME ANY RESPONSIBILITY FOR DAMAGES THAT RESULT FROM YOUR ACCESS TO, USE OF, INABILITY TO USE THE SITE, EVEN IF EPSON OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND SOLE RESPONSIBILITY. TO THE MAXIMUM EXTENT LEGALLY PERMITTED EPSON SHALL NOT BE LIABLE AND RESPONSIBLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER 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 THE SITE, ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. IN THE CASE WHERE YOU QUALIFY AS A CONSUMER UNDER CONSUMER LAW, THE FOREGOING RESTRICTION SHALL NOT APPLY IF THERE IS ANY WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF EPSON, AND IF IT IS FOUND THAT THERE IS ANY LIABILITY DUE TO ANY NEGLENCE BY EPSON, EVEN SUBJECT TO OTHER PROVISIONS OF THESE TERMS OF USE, EPSON SHALL COMPENSATE ONLY THE DIRECT DAMAGE THAT NORMALLY OCCURS AND OTHER DAMAGES, FOR EXAMPLE, INDIRECT, SPECIAL (ARISING FROM SPECIAL CIRCUMSTANCES), INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES (LOSS OF USE, DATA, TIME, MONEY, PROFITS OR GOOD WILL) SHALL BE EXCLUDED FROM THE SCOPE OF COMPENSATION.
9.2. Subject to Article 36 (which may apply to you if you acquire goods and services from Epson in Australia), Epson shall not be liable for any dispute that occurs between and/or among you and other Users or in the exchange of information between you and a third party. Any such dispute shall be resolved between the parties involved.
9.3. Subject to Article 36 (which may apply to you if you acquire goods and services from Epson in Australia), Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind incurred by you or a third party arising from malicious or negligent actions by third parties including other Users.
9.4. Subject to Article 36 (which may apply to you if you acquire goods and services from Epson in Australia), Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind, incurred by you during the transmission of email between you and Epson, arising from the errors by a third party service provider, or any problem arising from the mismatch between your email or system related thereto and Epson’s system, except for the case where Epson has acted intentionally or negligently with respect to an erroneous transmission or leakage of email by Epson.
9.5. Subject to Article 36 (which may apply to you if you acquire goods and services from Epson in Australia), Epson may disclose Registration Information or any data sent or received through the Site by you if required to do so by a court of law, government agency, competent supervisory agency, or other official body in Japan or elsewhere in accordance with applicable law or regulation. Epson shall not be liable for any damages incurred by you due to such disclosure.
Article 10. Your Liabilities.
10.1. You represent and warrant that your entering into these Terms of Use and your use of the Site do not violate or infringe on any right, including intellectual property rights, of a third party or Epson, or breach any contract with a third party or Epson, or violate any applicable law, regulation, or public order.
10.2. You shall only use the Site after understanding and accepting that the events defined below may occur in the Site.
(a) The Site may be unavailable due to your network environment and Internet connection, or changes in your network environment and Internet connection environment.
(b) The data does not arrive at the device or designated address, or arrives at a different device or address than the one intended by you.
(c) The data sent to the device are not printed due to any reason, including but not limited to, the file type/format, the settings or standby state of the device, the network environment, or other reasons.
(d) The data is not printed or scanned within a certain time period after receipt by Epson’s servers, so the data will be deleted.
(e) The printout of the data and scan result by using the Site differs from a printout by using printer driver software.
(f) The printout of the data on the device differs from what you expected.
(g) Your information that was provided or collected via the Site and information of third parties that was registered, provided or collected via the Site, is lost due to the provision, delay, modification, stoppage, or termination of the Site.
(h) A certain amount of time is required between when the data is sent and when it is received on the designated address.
(i) The data quality (including but not limited to colour shade, image quality, picture quality) which is sent or stored on the designated address differs from the relevant originals or what you expected.
(j) The data, which is automatically sent to the device by the Site, will be printed or scanned.
10.3. In using the Developer User’s Developed Application, Customer User shall agree that: (i) the Developed Application is provided by Developer User, not Epson; (ii) Customer Users will execute the agreement for the use of the Developed Application with Developer User, not Epson, and (iii) Customer Users may stop or terminate its use of the Developed Application by taking the necessary procedures on the Site.
Article 11. Customer Service
11.1. Customer User shall make an inquiry concerning the details, method of use, problems, etc. of the Developed Application to Developer User that developed the Developed Application, and the Developer User shall respond to the inquiry. If Developer User cannot solve the inquiry, the Developer User may make such inquiry (limited to those concerning Epson Connect itself, and those concerning the Developed Application are excluded) to Epson on behalf of Customer User.
Article 12. Intellectual Property Rights
12.1. Title, ownership rights, and intellectual property rights in and to the Site shall remain with Epson or its licensors and suppliers. There is no transfer to you of any title to or ownership of the Site and the license granted herein shall not be construed as a sale of any rights in the Site. The absence of a product or service name or logo attribution anywhere in the text of the Site does not constitute a waiver of any trademark or other intellectual property rights concerning that product or service name or logo.
12.2. You agree not to remove or alter any copyright, trademark, registered trademark and other proprietary notices on any copies of the Site.
Article 13. Feedback
13.1. You may provide any reports, ideas, suggestions, or recommendations to Epson regarding the Site in accordance with the way separately indicated by Epson (“Feedback”).
13.2. You shall grant Epson an irrevocable and perpetual license to freely reproduce, use (including but not limited to developing, manufacturing and marketing products incorporating such Feedback), disclose, exhibit, display, transform, alter and create derivative works from the Feedback, as well as provide, distribute, send and grant a license to the Feedback to others, without limitation and consideration, and any other obligations or restrictions.
Article 14. Information and Data Management
14.1. Epson will manage your information (including personal information of you) in accordance with the Privacy Policy of Epson at https://developer.epsonconnect.com/Privacies. Please read the Privacy Policy before you begin to use the Site.
14.2. If you update your information or require your information to be deleted from the Site, you must promptly notify Epson of such update or request at https://api-support.epsonconnect.com/en/support/tickets/new. Epson is not responsible or liable for loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind suffered by you arising out of your failure to provide notice of such update or request.
Article 15. Restrictions; Temporary Suspension and Termination of Your Use
15.1. 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 Site. With respect to the use of the Site, you further agree that you will not:
(a) register untrue and false information;
(b) authorize use of your account or Account Information by any third party with a wrongful purpose;
(c) use an Account Information or Registration Information of another User without authorization;
(d) use the Site in a manner that suggests an unauthorised association or is beyond the scope of the license granted to you;
(e) engage in any activity in connection with your use of the Site that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive or otherwise objectionable;
(f) interfere with the proper operation of any security measure used by the Site;
(g) infringe any intellectual property right, property right, personal or moral right such as the right to privacy, or other rights or interests of Epson or any third party;
(h) do any other acts or behaviours that may infringe the legitimate business interests of Epson;
(i) use, copy, distribute, transmit, broadcast, sell, or do anything with the Site other than as permitted by these Terms of Use;
(j) modify, adapt or translate the Site;
(k) reverse engineer, decompile, disassemble or otherwise attempt to analyze the Site;
(l) do any acts in violation of the matters to be complied with set forth in the main paragraph of this Article 15.1, any judgement, decision or order of a court, or any administrative measures with legally binding effect or act to facilitate any such act, or any acts or behaviours against public order and good morals;
(m) do any acts or behaviours which constitute, aid, induce, or are linked to crimes, which includes but are not limited to illegal gambling, obstruction of business, fraud, stalking and similar behaviour;
(n) transmit or upload any computer viruses or other hazardous computer programs, or use, create or distribute any external tool which may cause use of a bug by the Site which is not within the usual expectation, or have an effect on the Site which is not within the usual expectation;
(o) do any acts that impose an excessive load on the servers or other systems relating to the Site, may disturb the operation of the Site, or gain or attempt to gain unauthorized access to Epson’s networks, systems, etc.;
(p) transmit or upload any information encouraging development and manufacture of weapons of mass destruction, terrorism, and other military acts and behaviours;
(q) transmit, upload or display any information pretending that it was conducted by a third party (identity theft), or use the Site by using the Registration Information of a third party without legitimate authority;
(r) do any acts and behaviours linked to war, terrorism and other military acts, racial discrimination, religious persecution, human trafficking, prostitution, violence, brutality, and/or drug use;
(s) use the Site to give money to Antisocial Forces, or use the Site for campaigning, soliciting, lobbying, proselytizing, or similar acts in violation of any law or regulation;
(t) transmit or upload any lewd images, child pornography, images of child abuse, or similar information;
(u) do any acts that violate these Terms of Use, or are deemed by Epson to be inappropriate based on a reasonable grounds; or
(v) use the Developed Application to do any acts or behaviours listed in the preceding items.
(w) do any acts or behaviours that directly or indirectly, facilitate [or are reasonably deemed by Epson to be likely to facilitate] any acts or behaviours listed in the preceding items.
15.2. In the event you perform any of the prohibited acts set out in Article 15.1, Epson may, acting reasonably:
(a) suspend or restrict your access to and use of the Site temporarily or permanently; or
(b) terminate your account with Epson to use the Site and delete your Account Information and Registration Information.
15.3. Subject to Article 36, Epson will not be liable to you or anyone else for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind, resulting from Epson exercising its rights under Article 15.2.
Article 16. Third Party Websites
16.1. You may, through hypertext or other computer links on the Site, gain access to websites that are not under the control of or operated by Epson, but rather are exclusively controlled and operated by third parties. These third party websites are subject to different terms and conditions. When you access and use third party websites, you may be legally bound by the terms and conditions of those websites.
16.2. Although Epson may provide a link to a third party website on the Site, such a link is not an authorization, endorsement, sponsorship or affiliation by Epson with respect to such website, 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. Epson has not tested any information, products or software found on such websites 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, 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 to which you link from the Site.
Article 17. Withdrawal
17.1. You may withdraw from the Site and cancel your registration as a user of the Site by taking necessary procedures in accordance with the instruction on the Site.
17.2. At the time of your withdrawal pursuant to Article 17.1, you must promptly destroy and/or permanently erase or delete from your information systems, any and all information of Epson, including intellectual property rights of Epson, Account Information and copies of the Site (or part thereof) that you obtained through your use of the Site and any and all copies, extracts and derivative works thereof.
17.3. Customer User may take procedures for suspension and termination of use of the Developed Application, including information relating thereto, by taking necessary procedures in accordance with the instruction on the Site; provided, however, that suspension and termination of use of the Developed Application does not mean contract termination between Developer User and Customer User, and with respect to the contract concerning the Developed Application executed with Developer User, Customer User is required to separately terminate such contract by taking procedures as required by Developer User.
Article 18. Change, Temporary Suspension, Termination or Discontinuance of the Site
18.1. To the extent reasonably necessary to protect its legitimate interests, Epson reserves the right to change, temporarily suspend or terminate the Site, or any feature or component thereof, and discontinue support of the associated products and software at any time. This includes, for example, the following cases:
(a) Epson needs to conduct maintenance of the server in relation to the Site, or when Epson needs to perform emergency maintenance as a result of trouble with or disruptions of the Site;
(b) Due to a failure in the telecommunication services which are provided by third parties;
(c) Occurrence of a cause beyond the control of Epson, for example, acts of God, action or inaction of governmental, civil or military authorities, fire, strike, lockouts or other labor dispute, flood, war, riots, earthquake, natural disaster, breakdown of public common carrier or communications facilities, computer or server malfunction;
(d) When Epson reasonably determines it necessary to change the content of the Site, or to temporarily halt or suspend the Service to manage a material and immediate risk;
(e) When the operation of the Site becomes difficult due to any law or regulation or any measure implemented under the foregoing, or when it becomes necessary to change, suspend or terminate the Site due to a governmental or legal order. or
(f) When it is otherwise determined to be reasonably necessary to change the content of, or discontinue or terminate the Site for business purposes.
18.2. In the case stipulated in Article 18.1, Epson provides you with an advance announcement(publication on a website) or notice to the extent reasonably practicable. Epson may give a shorter advance announcement or notice (or no announcement or notice) if it is reasonable such as in the case where there is only minor impact on you or there is a purpose of managing a material and immediate risk.
18.3. Subject to Article 36, in the case stipulated in Article 18.1, Epson shall not be liable to you or any third party for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind arising from such change, temporary suspension, termination or discontinuance of the Site, or any feature or component thereof.
Article 19. Survival
Notwithstanding the expiration or termination of these Terms of Use, Articles 9 (Limitation of Liabilities), 10 (Your Liabilities), 12 (Intellectual Property Rights), 13 (Feedback), 22 (No Waiver), 29 (Governing Law and Jurisdiction), 30 (Language), 31 (Entire Agreement), 32 (Consultation in Good Faith), and 40 (Limitation of Liabilities)32 will remain in effect after termination or expiration hereof.
Article 20. Update to These Terms of Use
Epson may from time to time revise these Terms of Use by posting the revised terms at https://developer.epsonconnect.com or giving you reasonable advance notice of the change to the extent it is reasonably practicable to do so. Epson may give you shorter advance notice (or no notice) of a change if it is reasonable in order for Epson to manage a material 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 Site, to protect its intellectual property, to prevent fraud or misuse of the Site, for security or technical reasons or due to a change in applicable law. The most recent version of these Terms of Use is available at https://developer.epsonconnect.com and applies from that version’s effective date and supersedes earlier versions. If you continue to use the Site after the effective date of the amended terms of these Terms of Use, you will be deemed to have accepted the changes. If you do not accept the amended terms of these Terms of Use, you must cease using the Site.
Article 21. Export Compliance
You shall use the Site in compliance with the applicable laws and regulations that restrict the export and re-export.
Article 22. No Waiver
No failure or delay by you or Epson in exercising any of rights, powers, or remedies under these Terms of Use will operate as a waiver of that or any other right, power, or remedy, and no waiver will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
Article 23. Provision of Information and Notices from Epson
Epson gives any notice about the Site (including maintenance information) by posting the relevant matter on the Site or sending an email to any email address you have provided to Epson in connection with the registration process, etc. With respect to notices by email, notices from Epson intended for your receipt shall be deemed delivered and effective when sent by email by Epson.
Article 24. 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.
Article 25. Subcontractor
Epson may, in its sole discretion, use third party subcontractors for the services, in whole or in part, of the Site.
Article 26. Exclusion of Anti-Social Forces
26.1. You represent and warrant that you and your officers:
(a) are not an organized crime group or a member thereof, Antisocial Force, or other similar person or entity;
(b) do not use Antisocial Force;
(c) do not provide funding or other support, or conducting continuous business transactions with Anti-social Force; and
(d) do not have any socially criticized relationship with the Anti-social Force.
For clarity, you agree that the contract based on these Terms of Use shall be terminated without any notice from Epson if any violation occurs.
26.2. You agree to cooperate with the reasonable inquiries of Epson in connection with Article 26.1.
26.3. In the event of a breach or threatened breach of the representations and warranties in Article 26.1, you shall immediately notify Epson about that.
Article 27. Legal Relationship
Nothing in these Terms of Use creates any legal relationship, such as principal-agent, partners, franchisor-franchisee, employer-employee, supplier-consumer or otherwise. Neither party has the power or authority to bind the other party or to act on the other party’s behalf.
Article 28. Assignment
Subject to Article 39 (which may apply to you if you acquire goods and services from Epson in Australia), you shall not assign, transfer, grant security interests in or otherwise dispose of your rights and obligations under these Terms of Use without prior written consent of Epson.
Article 29. Governing Law and Jurisdiction
These Terms of Use and your relationship with Epson under these Terms of Use shall be governed by the laws of Japan, without regard to its conflict of laws provisions. Any dispute between the parties shall be subject to the exclusive jurisdiction of the Tokyo District Court in Japan. The Site is a service, not a good, and is not subject to the Uniform Commercial Code, the Uniform Computer Information Transactions Act, or the United Nations Convention on the International Sale of Goods.
Article 30. Language
Subject to Article 39 (which may apply to you if you acquire goods and services from Epson in Australia), these Terms of Use have been agreed in Japanese, and if there are any discrepancies, contradictions or inconsistencies between the Japanese language and the other languages translation, the interpretation under the Japanese language provided for herein shall govern and prevail.
Article 31. Entire Agreement
Subject to Article 39 (which may apply to you if you acquire goods and services from Epson in Australia), these Terms of Use are the entire agreement between Epson and you related to the Site and supersede any purchase order, communication, advertisement, or representation concerning the Site.
Article 32. Consultation in Good Faith
Any question arising out of, or in connection with, these Terms of Use or any matter not stipulated herein shall be settled each time upon consultation between both you and Epson.
【IF YOU ARE LOCATED IN THE UNITED STATES, THE FOLLOWING ARTICLES 33 AND 34 APPLY TO YOU】
Article 33. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
33.1. The provisions of this Article shall apply to all Disputes between you and Epson. The term “Dispute” is meant to have the broadest meaning permissible under law and includes any dispute, claim, controversy or action between you and Epson arising out of or relating to these Terms of Use, the Site, Epson products, or other transaction involving you and Epson, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. “DISPUTE” DOES NOT INCLUDE IP CLAIMS, or more specifically, a claim or cause of action for (a) trademark infringement or dilution, (b) patent infringement, (c) copyright infringement or misuse, or (d) trade secret misappropriation (an “IP Claim”). You and Epson also agree, notwithstanding Article 33.6, that a court, not an arbitrator, may decide if a claim or cause of action is for an IP Claim.
33.2.You and Epson agree that all Disputes shall be resolved by binding arbitration according to these Term of Use. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. Pursuant to these Terms of Use, binding arbitration shall be administered by JAMS, a nationally recognized arbitration authority, pursuant to its code of procedures then in effect for consumer related disputes, but excluding any rules that permit joinder or class actions in arbitration (for more detail on procedure, see Article 33.6 below). You and Epson understand and agree that (a) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Article 33, (b) these Terms of Use memorializes a transaction in interstate commerce, and (c) this Article 33 shall survive termination of these Terms of Use.
33.3. Before submitting a claim for arbitration, you and Epson agree to try, for sixty (60) days, to resolve any Dispute informally. If Epson and you do not reach an agreement to resolve the Dispute within the sixty (60) days, you or Epson may commence an arbitration. Notice to Epson must be addressed to: Epson America, Inc., ATTN: Legal Department, 3840 Kilroy Airport Way, Long Beach, CA 90806 (the “Epson Address”). The Dispute Notice to you will be sent to the most recent address Epson has in its records for you. For this reason, it is important to notify us if your address changes by emailing us at EAILegal@ea.epson.com or writing us at the Epson Address above. Notice of the Dispute shall include the sender’s name, address and contact information, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). Following receipt of the Dispute Notice, Epson and you agree to act in good faith to resolve the Dispute before commencing arbitration.
33.4. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
33.5. YOU AND EPSON AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS ARTCILE, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
33.6. If you or Epson commences arbitration, the arbitration shall be governed by the rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class or representative basis (the “JAMS Rules”), available at https://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in these Terms of Use. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms of Use. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including any claim that all or any part of these Terms of Use is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for an IP Claim, which is excluded from the definition of “Disputes” in Article 33.1 above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator may award you the same damages as a court could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In some instances, the costs of arbitration can exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction.
You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Orange County, California, at your option.
(a) Initiation of Arbitration Proceeding. If either you or Epson decides to arbitrate a Dispute, both parties agree to the following procedure:
(i) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at https://www.jamsadr.com (“Demand for Arbitration”).
(ii) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS, 500 North State College Blvd., Suite 600 Orange, CA 92868, U.S.A
(iii) Send one copy of the Demand for Arbitration to the other party (same address as the Dispute Notice), or as otherwise agreed by the parties.
(b) Hearing Format. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Epson is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(c) Arbitration Fees. Epson shall pay, or (if applicable) reimburse you for, all JAMS filings and arbitrator fees for any arbitration commenced (by you or Epson) pursuant to provisions of these Terms of Use.
(d) Award in Your Favor. For Disputes in which you or Epson seeks $75,000 or less in damages exclusive of attorney’s fees and costs, if the arbitrator’s decision results in an award to you in an amount greater than Epson’s last written offer, if any, to settle the Dispute, Epson will: (i) pay you $1,000 or the amount of the award, whichever is greater; (ii) pay you twice the amount of your reasonable attorney’s fees, if any; and (iii) reimburse you for any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing the Dispute in arbitration. Except as agreed upon by you and Epson in writing, the arbitrator shall determine the amount of fees, costs, and expenses to be paid by Epson pursuant to this Article 33.6(d).
(e) Attorney’s Fees. Epson will not seek its attorney’s fees and expenses for any arbitration commenced involving a Dispute under these Terms of Use. Your right to attorney’s fees and expenses under Article 33.6(d) above does not limit your rights to attorney’s fees and expenses under applicable law; notwithstanding the foregoing, the arbitrator may not award duplicative awards of attorney’s fees and expenses.
33.7. You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in these Terms of Use by sending a written letter to the Epson Address within thirty (30) days of your assent to these Terms of Use (including without limitation the registration, use of the Site or other applicable use of Epson products and services) that specifies (i) your name, (ii) your mailing address, and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Article 33. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide notice prior to litigation.
33.8. Notwithstanding any provision in these Terms of Use to the contrary, you and Epson agree that if Epson makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Epson’s address) in these Terms of Use, Epson will obtain your affirmative assent to the applicable amendment. If you do not affirmatively assent to the applicable amendment, you are agreeing that you will arbitrate any Dispute between the parties in accordance with the language of this Article 33 (or resolve disputes as provided for in Article 33.7, if you timely elected to opt-out when you first assented to these Terms of Use).
33.9. If any provision in this Article is found to be unenforceable, that provision shall be severed with the remainder of these Terms of Use remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions as provided in Article 33.5. This means that if Article 33.5 is found to be unenforceable, this Article (but only this Article) shall be null and void in its entirety.
Article 34. For New Jersey Residents
NOTWITHSTANDING ANY TERMS SET FORTH IN THESE TERMS OF USE, IF ANY OF THE PROVISIONS SET FORTH IN ARTICLES 8 OR 9 ARE HELD UNENFORCEABLE, VOID OR INAPPLICABLE UNDER NEW JERSEY LAW, THEN ANY SUCH PROVISION SHALL NOT APPLY TO YOU BUT THE REST OF THESE TERMS OF USE SHALL REMAIN BINDING ON YOU AND EPSON. NOTWITHSTANDING ANY PROVISION IN THESE TERMS OF USE, NOTHING IN THESE TERMS OF USE IS INTENDED TO, NOR SHALL IT BE DEEMED OR CONSTRUED TO, LIMIT ANY RIGHTS AVAILABLE TO YOU UNDER THE TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT.
【IF YOU USE THE SITE IN AUSTRALIA, ARTICLE 35 TO ARTICLE 40 ADDITIONALLY APPLY TO YOU】
Article 35. Definitions
For the purposes of Article 35 to Article 40 of these Terms of Use, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Article 36. Acquiring Product as a Consumer
If you use the Site in Australia as a consumer under the Australian Consumer Law, which can include individuals or businesses or other entities of any size, these Terms of Use are subject to the following Articles 37 - 38.
Article 37. Australian Consumer Law
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 (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 other terms of 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. 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.
Article 38. Disclaimer of Representation and Warranties
Article 8 will not apply to you. The following term will apply instead:
(a) EXCEPT THAT NOTHING IN THIS SECTION EXCLUDES, RESTRICTS OR MODIFIES ANY WARRANTIES, GUARANTEES, RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW: THIE SITE IS PROVIDED ON AN “AS-IS” BASIS.
(b) EPSON DISCLAIMS ALL EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES AS TO THE TIMELINESS, WORKMANLIKE QUALITY, SAFETY, MERCHANTABILITY, MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE COMPATIBILITY OF THE SERVICE WITH SPECIFIC USES OR PURPOSES, NO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS HELD BY THIRD PARTIES, WITH RESPECT TO THE SITE AND RESULTS TO BE OBTAINED BY USING THE SITE, OR ANY MATERIAL THAT CAN BE ACCESSED THROUGH THE SITE.
(c) EPSON MAKES NO GUARANTEES OR WARRANTIES AS TO THE COMPLETENESS AND ACCURACY WITH RESPECT TO THE SITE AND RESULTS TO BE OBTAINED BY USING THE SITE, OR ANY MATERIAL THAT CAN BE ACCESSED THROUGH THE SITE.
(d) Epson also does not warrant that the Site will be new, uninterrupted and error-free, that defects will be corrected, that the Site is free from vulnerability, that the Site satisfies customers’ requests or requirements, or that the Site or its server system that makes it available is free from viruses or other harmful components.
(e) Epson does not guarantee that use and operation of the Site complies with the laws and regulations of all countries and regions.
Article 39. Acquiring Product under a Consumer or Small Business Contract
If:
(a) You are an individual and you use the Site wholly or predominantly for personal, domestic or household use or consumption; or
(b) these Terms of Use constitutes a small business contract (as that term is defined in the Australian Consumer Law from time to time),
then Article 40 will apply to you. In such cases, nothing contained in these Terms of Use shall exclude or limit the liability of Epson caused by the mistake, fraud, negligence or willful misconduct of Epson or its employees, officers, contractors or agents.
Article 40. Limitation of Liabilities, etc.
40.1. Article 9.1 (Limitation of Liabilities) will not apply to you. The following term will apply instead:
SUBJECT TO ARTCLE 36:
(A) NEITHER PARTY WILL ASSUME ANY RESPONSIBILITY TO THE OTHER PARTY FOR ANY DAMAGES THAT RESULT FROM A PARTY’S ACCESS TO, USE OF OR INABILITY TO USE THE SITE, EVEN IF THAT PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(B) EACH PARTY ACKNOWLEDGES AND AGREES THAT THEIR USE OF AND ACCESS TO THE SITE IS AT THEIR OWN RISK AND SOLE RESPONSIBILITY; AND
(C) NEITHER PARTY WILL BE LIABLE AND RESPONSIBLE TO THE OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE ACCESS TO, USE OF OR INABILITY TO USE THE SITE.
40.2. Article 30 (Language) will not apply to you.
40.3. Article 28 (Assignment) will not apply to you.
40.4. Article 31 (Entire Agreement) will not apply to you.
Effective Date
These Terms of Use were first effective as of February 8, 2025
(3) Terms of Use: Epson Connect API site (for Developer Users)
Welcome to the Epson Connect API site (for Developer Users) (the “Site”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.
These Terms of Use (these “Terms of Use”) set forth a legally binding agreement between you (“you,” “User” or “Customer User”) and SEIKO EPSON CORPORATION (including its subsidiaries and affiliates, collectively referred to as “Epson”) and govern your use of the Site.
IF YOU ARE LOCATED IN THE UNITED STATES, ARTICLES 33 and 34 OF THESE TERMS OF USE MAY ADDITIONALLY APPLY TO YOU.
IF YOU USE THE SITE IN AUSTRALIA, ARTICLE 35 TO ARTICLE 40 OF THESE TERMS OF USE (“ARTICLES APPLICABLE TO AUSTRALIA”) MAY ADDITIONALLY APPLY TO YOU. ARTICLE 36 AND ARTICLE 39 DESCRIBE WHEN THE ARTICLES APPLICABLE TO AUSTRALIA SHALL APPLY. THE ARTICLES APPLICABLE TO AUSTRALIA DESCRIBE MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW. WHEN THE ARTICLES APPLICABLE TO AUSTRALIA APPLY, THE ARTICLES APPLICABLE TO AUSTRALIA SHALL PREVAIL, AND OTHER TERMS IN THESE TERMS OF USE SHALL BECOME SUBJECT TO THE SAME.
In order to use the Site, you are required to agree to be bound by these Terms of Use and complete the registration process in accordance with the instructions on the Site.
Article 1. Purpose
The purpose of the Site is to enable you, by using API provided by Epson, to develop and provide applications that make it more convenient to use Epson products (“Purpose”).
Article 2. Definition
2.1. “Epson” means SEIKO EPSON CORPORATION (including its subsidiaries and affiliates).
2.2. “Site” means “Epson Connect API site” on the following website and any content on the Site.
https://developer.epsonconnect.com
2.3. “Service” means the service provided through the Site to Customer Users who complete the registration process.
2.4. “Terms of Use” means these “Terms of Use: Epson Connect API site (for Customer Users).”
2.5. “Users” means Developer Users and Customer Users who use the “Epson Connect API site (for Developer Users)” or “Epson Connect API site (for Customer Users).”
2.6. “Developer Users” means Users who desire to develop applications by using “Epson Connect API” and the “Epson Connect API site (for Developer Users).”
2.7. “Customer Users” means Users who desire to use any Developed Application developed by Developer Users by using “Epson Connect API” and the “Epson Connect API site (for Developer Users).”
2.8. “Purpose” means the purpose set forth in Article 1.
2.9. “Registration Information” means information that Epson requires to enable Users to use the Site as Developer Users or Customer Users.
2.10. “Account Information” means login ID and login password required to log in to the Site, and API KEY, Client ID and Client Secret required for Developer Users to develop applications using the Site.
2.11. “Antisocial Force” means an organized crime group, a member of an organized crime group, a person with respect to whom five (5) years have not yet elapsed after he/she ceased to be a member of an organized crime group, a quasi member of an organized crime group, a company affiliated with an organized crime group, corporate extortionist, etc., a rogue person or group proclaiming itself as a social activist, etc., a special intellectual crime group or any other person or group analogous thereto.
2.12. “Developed Application” means an application developed by Developer Users in the course of using the Site.
Article 3. Legal 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 these Terms of Use, including, if applicable, consent by your legal representatives to enter into these Terms of Use. If you agree to be bound by these Terms of Use on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms of Use. Epson represents and warrants that it has all necessary authority to enter into these Terms of Use with you.
Article 4. Devices Required for Using the Site
You are solely liable for any and all costs and fees associated with using the Site, including any and all costs and fees associated with purchase of hardware, communication devices, software, and other services (e.g. telecommunication services) required for using the Site.
Article 5. Registration
5.1. If you wish to acquire an account for the Site as a Developer User, you must apply to Epson and provide true and accurate Registration Information as specified by Epson in the Site. If Epson finds your Registration Information to be inaccurate or false or incomplete, Epson shall have the right to decline your application. Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind incurred by you, and shall not be subject to any claim from you, for declining your application.
5.2. You shall be solely responsible for keeping and maintaining your Account Information issued by Epson and Registration Information up to date, accurate and secure. You shall be solely liable and responsible for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind arising out of or in connection with your failure to keep your Account Information and Registration Information up to date, accurate and secure. You acknowledge and agree to accept responsibility for all activities that occur using your Account Information and Registration Information, except to the extent directly caused by an intentional or negligent leak of information by Epson.
5.3. You shall not transfer, loan, lend, lease, license, distribute, disclose, provide or sell your Account Information to a third party, or permit any third party to use your Account Information.
5.4. You shall promptly notify Epson (i) of any change to your Registration Information or (ii) if you know the unauthorized use, or threatened unauthorized use, of your Account Information.
5.5. In registration of the Service, you may obtain an Epson Global ID, an account which can be used commonly for the services of Epson. You may use your Epson Global ID as a common ID for services provided pursuant to the respective terms and conditions on the websites, etc. operated by Epson, including the Service, (“Epson Global ID-compatible Services”). If you lose or forget your Epson Global ID, you will become unable to use the Epson Global ID-compatible Services.
5.6. If you withdraw from all of the Epson Global ID-compatible Services you use, your Epson Global ID will be deleted. If your Epson Global ID is deleted, Registration Information related to your Epson Global ID and data related to your Epson Global ID will be deleted. If your Epson Global ID is deleted, unless you obtain a new Epson Global ID, you will not be able to use any Epson Global ID-compatible Services.
Article 6. Termination of Membership
6.1. Epson reserves the right to refuse to provide to you the Service or access to and use of the Site, terminate, delete, change or cancel your account for, access to, or use of the Site or the Service, or remove or edit contents (“Refusal of Provision of the Service”), without prior notification, to the extent reasonably necessary to protect its legitimate business interests including but not limited to in the circumstances listed below. Epson will promptly notify you if it has taken measures for Refusal of Provision of the Service.
(a) Your Registration Information contains falsified information or data;
(b) You have used Account Information, etc. of another User without authorization;
(c) These Terms of Use, including without limitation Article 15 (Restrictions), are materially breached by you; or
(d) Your login ID has not been used for a period of one (1) year.
6.2. Subject to Article 36 (which may apply to you if you acquire goods and services from Epson in Australia), Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind resulting from Epson exercising its rights pursuant to this Article.
6.3. The provisions of these Terms of Use that by their nature are intended to survive termination shall remain in full effect even after your account is terminated.
Article 7. Limited License to the Site
7.1. Epson hereby grants you a limited, non-exclusive, revocable, non-assignable and non-transferable license to use the Site for lawful business or personal use in accordance with manuals provided by Epson only for the Purpose.
7.2. Developer User (you) may use the Site in conjunction with your Developed Application, but only in accordance with the following terms and in compliance with all applicable laws:
(a) You must not imply that Epson endorses your Developed Application or any products, services, or content available through your Developed Application;
(b) You must not misrepresent your relationship with Epson;
(c) You must not present false or misleading information about Epson, its products, or its services;
(d) Your Developed Application or any content you create using the Site must not contain, or transfer to or through the Site, any content that reasonably could be considered to be defamatory or libelous; hateful; racially, ethnically, religiously, or otherwise biased or offensive; unlawfully threatening or harassing to any person or entity; vulgar, pornographic, or obscene; or invasive of another person’s privacy or other personal or moral rights;
(e) You must not develop any application that encourages occurrence of any prohibited matters listed in (d), infringement of any intellectual property rights or other similar rights or interests held by a third part, any other wrongful act or violation of any law or regulation;
(f) You must not take or attempt to take any action that imposes or may impose an unreasonable or disproportionately large load or burden on the Site or infrastructure of Epson (including Epson’s customer system, server, and infrastructure provided by a third party which is related to the Site);
(g) You must not develop or provide any Developed Application which may impose an unreasonable or disproportionately large load or burden on a printer, system or business of any Customer User, such as causing a printer, system, etc. of the Customer User to print in high volume or conduct excessive data processing or erroneous processing, and must not use the Site for causing such situation;
(h) You must not use the Site, alone or in conjunction with your Developed Application, in a manner that may cause harm to other persons, including injury death or damage to property; and
(i) You must obtain a license (issuance of API KEY, Client ID and Client Secret) from Epson in accordance with the instructions on the Site.
Article 8. Disclaimer of Representation and Warranties
SUBJECT TO ARTICLE 36 (WHICH MAY APPLY TO YOU IF YOU ACQUIRE GOODS AND SERVICES FROM EPSON IN AUSTRALIA),
(a) THIE SITE IS PROVIDED ON AN “AS-IS” BASIS.
(b) EPSON DISCLAIMS ALL EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES AS TO THE TIMELINESS, WORKMANLIKE QUALITY, SAFETY, MERCHANTABILITY, MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE COMPATIBILITY OF THE SERVICE WITH SPECIFIC USES OR PURPOSES, NO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS HELD BY THIRD PARTIES, WITH RESPECT TO THE SITE AND RESULTS TO BE OBTAINED BY USING THE SITE, OR ANY MATERIAL THAT CAN BE ACCESSED THROUGH THE SITE.
(c) EPSON MAKES NO GUARANTEES OR WARRANTIES AS TO THE COMPLETENESS AND ACCURACY WITH RESPECT TO THE SITE AND RESULTS TO BE OBTAINED BY USING THE SITE, OR ANY MATERIAL THAT CAN BE ACCESSED THROUGH THE SITE.
(d) Epson also does not warrant that the Site will be new, uninterrupted and error-free, that defects will be corrected, that the Site is free from vulnerability, that the Site satisfies customers’ requests or requirements, or that the Site or its server system that makes it available is free from viruses or other harmful components.
(e) Epson does not guarantee that use and operation of the Site complies with the laws and regulations of all countries and regions.
Some jurisdictions may not allow the exclusion of an implied or statutory warranty so some of the above exclusions may not apply to you in all circumstances.
Article 9. Limitation of Liabilities
9.1. SUBJECT TO ARTICLES 36 AND/OR ARTICLE 39 (WHICH MAY APPLY TO YOU IF YOU ACQUIRE GOODS AND SERVICES FROM EPSON IN AUSTRALIA), AND UNLESS OTHERWISE CLEARLY PROVIDED FOR IN THESE TERMS OF USE, TO THE MAXIMUM EXTENT LEGALLY PERMITTED, EPSON WILL NOT ASSUME ANY RESPONSIBILITY FOR DAMAGES THAT RESULT FROM YOUR ACCESS TO, USE OF, INABILITY TO USE THE SITE, EVEN IF EPSON OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND SOLE RESPONSIBILITY. TO THE MAXIMUM EXTENT LEGALLY PERMITTED EPSON SHALL NOT BE LIABLE AND RESPONSIBLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER 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 THE SITE, ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. IN THE CASE WHERE YOU QUALIFY AS A CONSUMER UNDER CONSUMER LAW, THE FOREGOING RESTRICTION SHALL NOT APPLY IF THERE IS ANY WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF EPSON, AND IF IT IS FOUND THAT THERE IS ANY LIABILITY DUE TO ANY NEGLENCE BY EPSON, EVEN SUBJECT TO OTHER PROVISIONS OF THESE TERMS OF USE, EPSON SHALL COMPENSATE ONLY THE DIRECT DAMAGE THAT NORMALLY OCCURS AND OTHER DAMAGES, FOR EXAMPLE, INDIRECT, SPECIAL (ARISING FROM SPECIAL CIRCUMSTANCES), INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES (LOSS OF USE, DATA, TIME, MONEY, PROFITS OR GOOD WILL) SHALL BE EXCLUDED FROM THE SCOPE OF COMPENSATION.
9.2. Subject to Article 36 (which may apply to you if you acquire goods and services from Epson in Australia), Epson shall not be liable for any dispute that occurs between and/or among you and other Users or in the exchange of information between you and a third party. Any such dispute shall be resolved between the parties involved.
9.3. Subject to Article 36 (which may apply to you if you acquire goods and services from Epson in Australia), Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind incurred by you or a third party arising from malicious or negligent actions by third parties including other Users.
9.4. Subject to Article 36 (which may apply to you if you acquire goods and services from Epson in Australia), Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind, incurred by you during the transmission of email between you and Epson, arising from the errors by a third party service provider, or any problem arising from the mismatch between your email or system related thereto and Epson’s system, except for the case where Epson has acted intentionally or negligently with respect to an erroneous transmission or leakage of email by Epson.
9.5. Subject to Article 36 (which may apply to you if you acquire goods and services from Epson in Australia), Epson may disclose Registration Information or any data sent or received through the Site by you if required to do so by a court of law, government agency, competent supervisory agency, or other official body in Japan or elsewhere in accordance with applicable law or regulation. Epson shall not be liable for any damages incurred by you due to such disclosure.
Article 10. Your Liabilities.
10.1. You represent and warrant that your entering into these Terms of Use and your use of the Site do not violate or infringe on any right, including intellectual property rights, of a third party or Epson, or breach any contract with a third party or Epson, or violate any applicable law, regulation, or public order.
10.2. You shall only use the Site after understanding and accepting that the events defined below may occur in the Site.
(a) The Site may be unavailable due to your network environment and Internet connection, or changes in your network environment and Internet connection environment.
(b) The data does not arrive at the device or designated address, or arrives at a different device or address than the one intended by you.
(c) The data sent to the device are not printed due to any reason, including but not limited to, the file type/format, the settings or standby state of the device, the network environment, or other reasons.
(d) The data is not printed or scanned within a certain time period after receipt by Epson’s servers, so the data will be deleted.
(e) The printout of the data and scan result by using the Site differs from a printout by using printer driver software.
(f) The printout of the data on the device differs from what you expected.
(g) Your information that was provided or collected via the Site and information of third parties that was registered, provided or collected via the Site, is lost due to the provision, delay, modification, stoppage, or termination of the Site.
(h) A certain amount of time is required between when the data is sent and when it is received on the designated address.
(i) The data quality (including but not limited to colour shade, image quality, picture quality) which is sent or stored on the designated address differs from the relevant originals or what you expected.
(j) The data, which is automatically sent to the device by the Site, will be printed or scanned.
10.3. Developer User shall be solely liable for its Developed Application, and indicate on its Developed Application to the effect that the Developed Application is provided by the Developer User, not Epson. In allowing Customer Users to use the Developer User’s Developed Application, Developer User shall agree, and cause Customer Users who use the relevant Developed Application to agree, that: (i) the Developed Application is provided by Developer User, not Epson; (ii) Customer Users will execute the agreement for the use of the Developed Application with Developer User, not Epson, and (iii) Customer Users may stop or terminate its use of the Developed Application by taking the necessary procedures on the Site. Except to the extent set forth in Paragraph 1 of Article 11 (Customer Service), Developer User acknowledges and agrees that Epson does not assume any obligation, responsibility or burden, including support services or technical support to Customer Users who use the Developed Application of Developer User.
10.4. Subject to Article 39 (which may apply to you if you acquire goods and services from Epson in Australia), Developer User agrees to defend, indemnify and hold harmless Epson and its partners, licensors, directors, officers, employees, and agents from and against any and all losses, liabilities, damages and costs, including reasonable attorneys’ fees, resulting from any claims, actions or demands arising from, related to, or alleged to relate to, any violation of these Terms of Use by Developer User, Developer User’s intentional act/willful misconduct or negligence in relation to the use of the Site, or the Developed Application. Epson reserves the right to control its own defence of any third-party claim that is subject to this indemnity. Epson and Developer User shall agree to cooperate with each other in the conduct of such defence. Developer User will not in any event settle any claim without the prior written consent of Epson.
Article 11. Customer Service
11.1. Customer User shall make an inquiry concerning the details, method of use, problems, etc. of the Developed Application to Developer User that developed the Developed Application, and the Developer User shall respond to the inquiry. If Developer User cannot solve the inquiry, the Developer User may make such inquiry (limited to those concerning Epson Connect itself, and those concerning the Developed Application are excluded) to Epson on behalf of Customer User.
11.2. Developer User shall display its contact information, on its Developed Application, in a location that can be easily located by Customer Users who use the Developed Application.
11.3. If Developer User obtains the information of Customer Users through the Site, Developer User shall:
(a) notify Customer Users that Developer User has obtained their personal information through Epson’s service “Epson Connect”;
(b) notify Customer Users of what information Developer User obtained and the purposes of use by Developer User of the information, and obtain prior authorization from Customer Users; and
(c) notify Customer Users that processing of their information through Epson Connect shall be according to the Privacy Policy of Epson Connect as set out in Article 14, and display a link to the Privacy Policy of Epson Connect.
Article 12. Intellectual Property Rights
12.1. Title, ownership rights, and intellectual property rights in and to the Site shall remain with Epson or its licensors and suppliers. There is no transfer to you of any title to or ownership of the Site and the license granted herein shall not be construed as a sale of any rights in the Site. The absence of a product or service name or logo attribution anywhere in the text of the Site does not constitute a waiver of any trademark or other intellectual property rights concerning that product or service name or logo.
12.2. You agree not to remove or alter any copyright, trademark, registered trademark and other proprietary notices on any copies of the Site.
12.3. If any and all results, including, but not limited to, inventions, improvements and all new intellectual property rights therein, are made or conceived by Developer Users based on the Site (“Results”), Developer Users shall promptly notify Epson of such Results including the details of the intellectual property rights newly made in writing. The attribution of such Results and intellectual property rights shall be determined in writing through mutual consultation between Developer Users and Epson.
12.4. Epson may use the company name and logo, and application name, logo, and information, etc. of Developer Users for the purpose of advertising Epson products.
Article 13. Feedback
13.1. You may provide any reports, ideas, suggestions, or recommendations to Epson regarding the Site in accordance with the way separately indicated by Epson (“Feedback”).
13.2. You shall grant Epson an irrevocable and perpetual license to freely reproduce, use (including but not limited to developing, manufacturing and marketing products incorporating such Feedback), disclose, exhibit, display, transform, alter and create derivative works from the Feedback, as well as provide, distribute, send and grant a license to the Feedback to others, without limitation and consideration, and any other obligations or restrictions.
Article 14. Information and Data Management
14.1. Epson will manage your information (including personal information of you) in accordance with the Privacy Policy of Epson at https://developer.epsonconnect.com/Privacies. Please read the Privacy Policy before you begin to use the Site.
14.2. If you update your information or require your information to be deleted from the Site, you must promptly notify Epson of such update or request at https://api-support.epsonconnect.com/en/support/tickets/new. Epson is not responsible or liable for loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind suffered by you arising out of your failure to provide notice of such update or request.
Article 15. Restrictions; Temporary Suspension and Termination of Your Use
15.1. 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 Site. With respect to the use of the Site, you further agree that you will not:
(a) register untrue and false information;
(b) authorize use of your account or Account Information by any third party with a wrongful purpose;
(c) use an Account Information or Registration Information of another User without authorization;
(d) use the Site in a manner that suggests an unauthorised association or is beyond the scope of the license granted to you;
(e) engage in any activity in connection with your use of the Site that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive or otherwise objectionable;
(f) interfere with the proper operation of any security measure used by the Site;
(g) infringe any intellectual property right, property right, personal or moral right such as the right to privacy, or other rights or interests of Epson or any third party;
(h) do any other acts or behaviours that may infringe the legitimate business interests of Epson;
(i) use, copy, distribute, transmit, broadcast, sell, or do anything with the Site other than as permitted by these Terms of Use;
(j) modify, adapt or translate the Site;
(k) reverse engineer, decompile, disassemble or otherwise attempt to analyze the Site;
(l) do any acts in violation of the matters to be complied with set forth in the main paragraph of this Article 15.1, any judgement, decision or order of a court, or any administrative measures with legally binding effect or act to facilitate any such act, or any acts or behaviours against public order and good morals;
(m) do any acts or behaviours which constitute, aid, induce, or are linked to crimes, which includes but are not limited to illegal gambling, obstruction of business, fraud, stalking and similar behaviour;
(n) transmit or upload any computer viruses or other hazardous computer programs, or use, create or distribute any external tool which may cause use of a bug by the Site which is not within the usual expectation, or have an effect on the Site which is not within the usual expectation;
(o) do any acts that impose an excessive load on the servers or other systems relating to the Site, may disturb the operation of the Site, or gain or attempt to gain unauthorized access to Epson’s networks, systems, etc.;
(p) transmit or upload any information encouraging development and manufacture of weapons of mass destruction, terrorism, and other military acts and behaviours;
(q) transmit, upload or display any information pretending that it was conducted by a third party (identity theft), or use the Site by using the Registration Information of a third party without legitimate authority;
(r) do any acts and behaviours linked to war, terrorism and other military acts, racial discrimination, religious persecution, human trafficking, prostitution, violence, brutality, and/or drug use;
(s) use the Site to give money to Antisocial Forces, or use the Site for campaigning, soliciting, lobbying, proselytizing, or similar acts in violation of any law or regulation;
(t) transmit or upload any lewd images, child pornography, images of child abuse, or similar information;
(u) do any acts that violate these Terms of Use, or are deemed by Epson to be inappropriate based on a reasonable grounds; or
(v) use the Developed Application to do any acts or behaviours listed in the preceding items.
(w) do any acts or behaviours that directly or indirectly, facilitate [or are reasonably deemed by Epson to be likely to facilitate] any acts or behaviours listed in the preceding items.
15.2. In the event you perform any of the prohibited acts set out in Article 15.1, Epson may, acting reasonably:
(a) suspend or restrict your access to and use of the Site temporarily or permanently; or
(b) terminate your account with Epson to use the Site and delete your Account Information and Registration Information.
15.3. Subject to Article 36, Epson will not be liable to you or anyone else for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind, resulting from Epson exercising its rights under Article 15.2.
Article 16. Third Party Websites
16.1. You may, through hypertext or other computer links on the Site, gain access to websites that are not under the control of or operated by Epson, but rather are exclusively controlled and operated by third parties. These third party websites are subject to different terms and conditions. When you access and use third party websites, you may be legally bound by the terms and conditions of those websites.
16.2. Although Epson may provide a link to a third party website on the Site, such a link is not an authorization, endorsement, sponsorship or affiliation by Epson with respect to such website, 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. Epson has not tested any information, products or software found on such websites 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, 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 to which you link from the Site.
Article 17. Withdrawal
17.1. You may withdraw from the Site and cancel your registration as a user of the Site by taking necessary procedures in accordance with the instruction on the Site.
17.2. At the time of your withdrawal pursuant to Article 17.1, you must promptly destroy and/or permanently erase or delete from your information systems, any and all information of Epson, including intellectual property rights of Epson, Account Information and copies of the Site (or part thereof) that you obtained through your use of the Site and any and all copies, extracts and derivative works thereof.
17.3. Customer User may take procedures for suspension and termination of use of the Developed Application, including information relating thereto, by taking necessary procedures in accordance with the instruction on the Site; provided, however, that suspension and termination of use of the Developed Application does not mean contract termination between Developer User and Customer User, and with respect to the contract concerning the Developed Application executed with Developer User, Customer User is required to separately terminate such contract by taking procedures as required by Developer User.
Article 18. Change, Temporary Suspension, Termination or Discontinuance of the Site
18.1. To the extent reasonably necessary to protect its legitimate interests, Epson reserves the right to change, temporarily suspend or terminate the Site, or any feature or component thereof, and discontinue support of the associated products and software at any time. This includes, for example, the following cases:
(a) Epson needs to conduct maintenance of the server in relation to the Site, or when Epson needs to perform emergency maintenance as a result of trouble with or disruptions of the Site;
(b) Due to a failure in the telecommunication services which are provided by third parties;
(c) Occurrence of a cause beyond the control of Epson, for example, acts of God, action or inaction of governmental, civil or military authorities, fire, strike, lockouts or other labor dispute, flood, war, riots, earthquake, natural disaster, breakdown of public common carrier or communications facilities, computer or server malfunction;
(d) When Epson reasonably determines it necessary to change the content of the Site, or to temporarily halt or suspend the Service to manage a material and immediate risk;
(e) When the operation of the Site becomes difficult due to any law or regulation or any measure implemented under the foregoing, or when it becomes necessary to change, suspend or terminate the Site due to a governmental or legal order. or
(f) When it is otherwise determined to be reasonably necessary to change the content of, or discontinue or terminate the Site for business purposes.
18.2. In the case stipulated in Article 18.1, Epson provides you with an advance announcement(publication on a website) or notice to the extent reasonably practicable. Epson may give a shorter advance announcement or notice (or no announcement or notice) if it is reasonable such as in the case where there is only minor impact on you or there is a purpose of managing a material and immediate risk.
18.3. Subject to Article 36, in the case stipulated in Article 18.1, Epson shall not be liable to you or any third party for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind arising from such change, temporary suspension, termination or discontinuance of the Site, or any feature or component thereof.
Article 19. Survival
Notwithstanding the expiration or termination of these Terms of Use, Articles 9 (Limitation of Liabilities), 10 (Your Liabilities), 12 (Intellectual Property Rights), 13 (Feedback), 22 (No Waiver), 29 (Governing Law and Jurisdiction), 30 (Language), 31 (Entire Agreement), 32 (Consultation in Good Faith), and 40 (Limitation of Liabilities)32 will remain in effect after termination or expiration hereof.
Article 20. Update to These Terms of Use
Epson may from time to time revise these Terms of Use by posting the revised terms at https://developer.epsonconnect.com or giving you reasonable advance notice of the change to the extent it is reasonably practicable to do so. Epson may give you shorter advance notice (or no notice) of a change if it is reasonable in order for Epson to manage a material 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 Site, to protect its intellectual property, to prevent fraud or misuse of the Site, for security or technical reasons or due to a change in applicable law. The most recent version of these Terms of Use is available at https://developer.epsonconnect.com and applies from that version’s effective date and supersedes earlier versions. If you continue to use the Site after the effective date of the amended terms of these Terms of Use, you will be deemed to have accepted the changes. If you do not accept the amended terms of these Terms of Use, you must cease using the Site.
Article 21. Export Compliance
You shall use the Site in compliance with the applicable laws and regulations that restrict the export and re-export.
Article 22. No Waiver
No failure or delay by you or Epson in exercising any of rights, powers, or remedies under these Terms of Use will operate as a waiver of that or any other right, power, or remedy, and no waiver will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
Article 23. Provision of Information and Notices from Epson
Epson gives any notice about the Site (including maintenance information) by posting the relevant matter on the Site or sending an email to any email address you have provided to Epson in connection with the registration process, etc. With respect to notices by email, notices from Epson intended for your receipt shall be deemed delivered and effective when sent by email by Epson.
Article 24. 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.
Article 25. Subcontractor
Epson may, in its sole discretion, use third party subcontractors for the services, in whole or in part, of the Site.
Article 26. Exclusion of Anti-Social Forces
26.1. You represent and warrant that you and your officers:
(a) are not an organized crime group or a member thereof, Antisocial Force, or other similar person or entity;
(b) do not use Antisocial Force;
(c) do not provide funding or other support, or conducting continuous business transactions with Anti-social Force; and
(d) do not have any socially criticized relationship with the Anti-social Force.
For clarity, you agree that the contract based on these Terms of Use shall be terminated without any notice from Epson if any violation occurs.
26.2. You agree to cooperate with the reasonable inquiries of Epson in connection with Article 26.1.
26.3. In the event of a breach or threatened breach of the representations and warranties in Article 26.1, you shall immediately notify Epson about that.
Article 27. Legal Relationship
Nothing in these Terms of Use creates any legal relationship, such as principal-agent, partners, franchisor-franchisee, employer-employee, supplier-consumer or otherwise. Neither party has the power or authority to bind the other party or to act on the other party’s behalf.
Article 28. Assignment
Subject to Article 39 (which may apply to you if you acquire goods and services from Epson in Australia), you shall not assign, transfer, grant security interests in or otherwise dispose of your rights and obligations under these Terms of Use without prior written consent of Epson.
Article 29. Governing Law and Jurisdiction
These Terms of Use and your relationship with Epson under these Terms of Use shall be governed by the laws of Japan, without regard to its conflict of laws provisions. Any dispute between the parties shall be subject to the exclusive jurisdiction of the Tokyo District Court in Japan. The Site is a service, not a good, and is not subject to the Uniform Commercial Code, the Uniform Computer Information Transactions Act, or the United Nations Convention on the International Sale of Goods.
Article 30. Language
Subject to Article 39 (which may apply to you if you acquire goods and services from Epson in Australia), these Terms of Use have been agreed in Japanese, and if there are any discrepancies, contradictions or inconsistencies between the Japanese language and the other languages translation, the interpretation under the Japanese language provided for herein shall govern and prevail.
Article 31. Entire Agreement
Subject to Article 39 (which may apply to you if you acquire goods and services from Epson in Australia), these Terms of Use are the entire agreement between Epson and you related to the Site and supersede any purchase order, communication, advertisement, or representation concerning the Site.
Article 32. Consultation in Good Faith
Any question arising out of, or in connection with, these Terms of Use or any matter not stipulated herein shall be settled each time upon consultation between both you and Epson.
【IF YOU ARE LOCATED IN THE UNITED STATES, THE FOLLOWING ARTICLES 33 AND 34 APPLY TO YOU】
Article 33. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
33.1. The provisions of this Article shall apply to all Disputes between you and Epson. The term “Dispute” is meant to have the broadest meaning permissible under law and includes any dispute, claim, controversy or action between you and Epson arising out of or relating to these Terms of Use, the Site, Epson products, or other transaction involving you and Epson, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. “DISPUTE” DOES NOT INCLUDE IP CLAIMS, or more specifically, a claim or cause of action for (a) trademark infringement or dilution, (b) patent infringement, (c) copyright infringement or misuse, or (d) trade secret misappropriation (an “IP Claim”). You and Epson also agree, notwithstanding Article 33.6, that a court, not an arbitrator, may decide if a claim or cause of action is for an IP Claim.
33.2.You and Epson agree that all Disputes shall be resolved by binding arbitration according to these Term of Use. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. Pursuant to these Terms of Use, binding arbitration shall be administered by JAMS, a nationally recognized arbitration authority, pursuant to its code of procedures then in effect for consumer related disputes, but excluding any rules that permit joinder or class actions in arbitration (for more detail on procedure, see Article 33.6 below). You and Epson understand and agree that (a) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Article 33, (b) these Terms of Use memorializes a transaction in interstate commerce, and (c) this Article 33 shall survive termination of these Terms of Use.
33.3. Before submitting a claim for arbitration, you and Epson agree to try, for sixty (60) days, to resolve any Dispute informally. If Epson and you do not reach an agreement to resolve the Dispute within the sixty (60) days, you or Epson may commence an arbitration. Notice to Epson must be addressed to: Epson America, Inc., ATTN: Legal Department, 3840 Kilroy Airport Way, Long Beach, CA 90806 (the “Epson Address”). The Dispute Notice to you will be sent to the most recent address Epson has in its records for you. For this reason, it is important to notify us if your address changes by emailing us at EAILegal@ea.epson.com or writing us at the Epson Address above. Notice of the Dispute shall include the sender’s name, address and contact information, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). Following receipt of the Dispute Notice, Epson and you agree to act in good faith to resolve the Dispute before commencing arbitration.
33.4. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
33.5. YOU AND EPSON AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS ARTCILE, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
33.6. If you or Epson commences arbitration, the arbitration shall be governed by the rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class or representative basis (the “JAMS Rules”), available at https://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in these Terms of Use. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms of Use. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including any claim that all or any part of these Terms of Use is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for an IP Claim, which is excluded from the definition of “Disputes” in Article 33.1 above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator may award you the same damages as a court could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In some instances, the costs of arbitration can exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction.
You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Orange County, California, at your option.
(a) Initiation of Arbitration Proceeding. If either you or Epson decides to arbitrate a Dispute, both parties agree to the following procedure:
(i) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at https://www.jamsadr.com (“Demand for Arbitration”).
(ii) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS, 500 North State College Blvd., Suite 600 Orange, CA 92868, U.S.A
(iii) Send one copy of the Demand for Arbitration to the other party (same address as the Dispute Notice), or as otherwise agreed by the parties.
(b) Hearing Format. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Epson is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(c) Arbitration Fees. Epson shall pay, or (if applicable) reimburse you for, all JAMS filings and arbitrator fees for any arbitration commenced (by you or Epson) pursuant to provisions of these Terms of Use.
(d) Award in Your Favor. For Disputes in which you or Epson seeks $75,000 or less in damages exclusive of attorney’s fees and costs, if the arbitrator’s decision results in an award to you in an amount greater than Epson’s last written offer, if any, to settle the Dispute, Epson will: (i) pay you $1,000 or the amount of the award, whichever is greater; (ii) pay you twice the amount of your reasonable attorney’s fees, if any; and (iii) reimburse you for any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing the Dispute in arbitration. Except as agreed upon by you and Epson in writing, the arbitrator shall determine the amount of fees, costs, and expenses to be paid by Epson pursuant to this Article 33.6(d).
(e) Attorney’s Fees. Epson will not seek its attorney’s fees and expenses for any arbitration commenced involving a Dispute under these Terms of Use. Your right to attorney’s fees and expenses under Article 33.6(d) above does not limit your rights to attorney’s fees and expenses under applicable law; notwithstanding the foregoing, the arbitrator may not award duplicative awards of attorney’s fees and expenses.
33.7. You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in these Terms of Use by sending a written letter to the Epson Address within thirty (30) days of your assent to these Terms of Use (including without limitation the registration, use of the Site or other applicable use of Epson products and services) that specifies (i) your name, (ii) your mailing address, and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Article 33. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide notice prior to litigation.
33.8. Notwithstanding any provision in these Terms of Use to the contrary, you and Epson agree that if Epson makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Epson’s address) in these Terms of Use, Epson will obtain your affirmative assent to the applicable amendment. If you do not affirmatively assent to the applicable amendment, you are agreeing that you will arbitrate any Dispute between the parties in accordance with the language of this Article 33 (or resolve disputes as provided for in Article 33.7, if you timely elected to opt-out when you first assented to these Terms of Use).
33.9. If any provision in this Article is found to be unenforceable, that provision shall be severed with the remainder of these Terms of Use remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions as provided in Article 33.5. This means that if Article 33.5 is found to be unenforceable, this Article (but only this Article) shall be null and void in its entirety.
Article 34. For New Jersey Residents
NOTWITHSTANDING ANY TERMS SET FORTH IN THESE TERMS OF USE, IF ANY OF THE PROVISIONS SET FORTH IN ARTICLES 8 OR 9 ARE HELD UNENFORCEABLE, VOID OR INAPPLICABLE UNDER NEW JERSEY LAW, THEN ANY SUCH PROVISION SHALL NOT APPLY TO YOU BUT THE REST OF THESE TERMS OF USE SHALL REMAIN BINDING ON YOU AND EPSON. NOTWITHSTANDING ANY PROVISION IN THESE TERMS OF USE, NOTHING IN THESE TERMS OF USE IS INTENDED TO, NOR SHALL IT BE DEEMED OR CONSTRUED TO, LIMIT ANY RIGHTS AVAILABLE TO YOU UNDER THE TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT.
【IF YOU USE THE SITE IN AUSTRALIA, ARTICLE 35 TO ARTICLE 40 ADDITIONALLY APPLY TO YOU】
Article 35. Definitions
For the purposes of Article 35 to Article 40 of these Terms of Use, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Article 36. Acquiring Product as a Consumer
If you use the Site in Australia as a consumer under the Australian Consumer Law, which can include individuals or businesses or other entities of any size, these Terms of Use are subject to the following Articles 37 - 38.
Article 37. Australian Consumer Law
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 (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 other terms of 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. 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.
Article 38. Disclaimer of Representation and Warranties
Article 8 will not apply to you. The following term will apply instead:
(a) EXCEPT THAT NOTHING IN THIS SECTION EXCLUDES, RESTRICTS OR MODIFIES ANY WARRANTIES, GUARANTEES, RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW: THIE SITE IS PROVIDED ON AN “AS-IS” BASIS.
(b) EPSON DISCLAIMS ALL EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES AS TO THE TIMELINESS, WORKMANLIKE QUALITY, SAFETY, MERCHANTABILITY, MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE COMPATIBILITY OF THE SERVICE WITH SPECIFIC USES OR PURPOSES, NO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS HELD BY THIRD PARTIES, WITH RESPECT TO THE SITE AND RESULTS TO BE OBTAINED BY USING THE SITE, OR ANY MATERIAL THAT CAN BE ACCESSED THROUGH THE SITE.
(c) EPSON MAKES NO GUARANTEES OR WARRANTIES AS TO THE COMPLETENESS AND ACCURACY WITH RESPECT TO THE SITE AND RESULTS TO BE OBTAINED BY USING THE SITE, OR ANY MATERIAL THAT CAN BE ACCESSED THROUGH THE SITE.
(d) Epson also does not warrant that the Site will be new, uninterrupted and error-free, that defects will be corrected, that the Site is free from vulnerability, that the Site satisfies customers’ requests or requirements, or that the Site or its server system that makes it available is free from viruses or other harmful components.
(e) Epson does not guarantee that use and operation of the Site complies with the laws and regulations of all countries and regions.
Article 39. Acquiring Product under a Consumer or Small Business Contract
If:
(a) You are an individual and you use the Site wholly or predominantly for personal, domestic or household use or consumption; or
(b) these Terms of Use constitutes a small business contract (as that term is defined in the Australian Consumer Law from time to time),
then Article 40 will apply to you. In such cases, nothing contained in these Terms of Use shall exclude or limit the liability of Epson caused by the mistake, fraud, negligence or willful misconduct of Epson or its employees, officers, contractors or agents.
Article 40. Limitation of Liabilities, etc.
40.1. Article 9.1 (Limitation of Liabilities) will not apply to you. The following term will apply instead:
SUBJECT TO ARTCLE 36:
(A) NEITHER PARTY WILL ASSUME ANY RESPONSIBILITY TO THE OTHER PARTY FOR ANY DAMAGES THAT RESULT FROM A PARTY’S ACCESS TO, USE OF OR INABILITY TO USE THE SITE, EVEN IF THAT PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(B) EACH PARTY ACKNOWLEDGES AND AGREES THAT THEIR USE OF AND ACCESS TO THE SITE IS AT THEIR OWN RISK AND SOLE RESPONSIBILITY; AND
(C) NEITHER PARTY WILL BE LIABLE AND RESPONSIBLE TO THE OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE ACCESS TO, USE OF OR INABILITY TO USE THE SITE.
40.2. Article 10.4 (Your Liabilities) will not apply to you.
40.3. Article 30 (Language) will not apply to you.
40.4. Article 28 (Assignment) will not apply to you.
40.5. Article 31 (Entire Agreement) will not apply to you.
Effective Date
These Terms of Use were first effective as of March 15, 2025