Epson Connect Member Service Terms and Conditions

IF YOU USE THE SITE OR THE SERVICE IN AUSTRALIA, SECTIONS 24 - 41 OF THIS DOCUMENT MAY ADDITIONALLY APPLY TO YOU. SECTIONS 25 AND 28 DESCRIBE WHEN THESE SECTIONS MAY APPLY. SECTIONS 24 - 41 INCLUDE THE MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW. WHERE INDICATED, OTHER TERMS IN THESE TERMS AND CONDITIONS ARE SUBJECT TO SECTIONS 24 - 41.

1. Definition of the Service

The Service consists of the following Internet-based services that are provided to an individual who registers for the Service ("Registration") and completes the registration process ("Member"). The Services include:
1) Printing service:
Printing out certain data (including without limitation the images, photos, graphics, documents, contents and emails) that the printer receives ("Data").
2) Sending scanned Data service:
Sending the scanned Data.
3) Connection service to the Third-Party Services (defined in Section 13.7):
Connecting to the Third-Party Services and providing the services described in Section 1.1) and Section 1.2).

In some cases, a part of the Service may be unavailable depending on your devices, the application you registered and/or circumstances.
You should read the "Privacy Statement" provided on the Site before using the Site or the Service. When using the Service, information provided to Epson by you and information on usage of the Service by you ("Personal Information") may be shared within the Epson Affiliate companies ("Affiliate"). Personal Information will be handled in accordance with the Privacy Statement. "Affiliate" means any entity which controls, is controlled by, or is under common control with, Epson. For purposes of this definition, "control(s)" (with correlative meanings for the terms "controlled" and "under common control with") means (i) the direct or indirect ownership of more than fifty percent (50%) of the shares or interests which are entitled to vote for the directors of the controlled entity or (ii) the actual ability to direct and control the management of the controlled entity; but only for as long as such control exists or is retained.


2. License

2.1. Epson hereby grants you a non-exclusive, non-transferable, royalty-free, revocable, limited, worldwide license to access and use the Site and/or the Service under the terms set forth in this Section 2.

2.2. The Site and the Service, including, but not limited to, text, data, reports, opinions, software (including HTML-based computer programs), images, photos, graphics, graphs, charts, animations and video (collectively the "Content") displayed on the Site and the Service may be used only for your own use. Except as otherwise permitted under these Terms and Conditions, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Site or to license, disclose, sell, rent, display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, without the express prior written consent of Epson.

2.3. The Site, the Service and the Content are the exclusive property of Epson or its licensors, and are protected by copyright and other applicable intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos (collectively, the "Marks") on the Site and the Service are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the Marks on the Site and the Service may be registered or unregistered marks of Epson or others. Nothing contained on this Site and the Service should be construed as granting by implication, estoppel, or otherwise any license or right to use any of the Marks on the Site and the Service without the express prior written permission of Epson or a third party owner of such Marks.

2.4. Any unauthorized use of the Marks or Content on the Site and the Service is strictly prohibited.


3. Registration

3.1. If you want to become a Member, you must enter true and accurate data as part of the Registration process ("Registration Information," including email address for communication from Epson, password, language information, time zone, etc.). You must provide accurate, complete, and updated contact information, identification details, and any other form of authentication requested on the Site and/or the Service, in Epson's sole discretion. Failure to do so constitutes a violation of these Terms and Conditions, which may result in immediate termination of your license to access and use the Site and the Service. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You shall register for and use your account on the Site and the Service, in strict compliance with (1) these Terms and Conditions, and (2) all applicable laws, rules and regulations (collectively, "Laws").

3.2. Epson shall not be liable for any damages to you resulting from your entry of falsified or incorrect Registration Information.

3.3. You shall promptly update the Registration Information on the Site or the Service if there are any changes to the Registration Information. Epson shall not be liable for any damages to you resulting from your failure to update Registration Information.

3.4. Epson reserves the right to deny Registration for any reason whatsoever, including but not limited to in the following circumstances:
(1) The customer is likely to violate the prohibitions in Section 10 or any other part of the Terms and Conditions.
(2) The customer is likely to interfere with operation of the Service;
(3) The customer is likely to cause harm to Epson or to a third party.
(4) The customer is under the age of eighteen (18) years old or considered underage or a minor, and such customer has no consent of their parent, legal guardian and legal representative upon the registration.


4. Management of Account, Printer Email Address and Password

4.1. If you register for the Site and/or the Service, Epson shall provide you with an email address for the printer ("Printer Email Address").

4.2. Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), You shall be solely liable for managing the Printer Email Address, and the password and access key that you set for using the Site and the Service (collectively the "Password"). You are responsible for maintaining the confidentiality of your Printer Email Address, account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Printer Email Address, account or Password. If you are accessing and using the Site or the Service on someone else's behalf, you represent that you have the authority to bind that person as a principal to these Terms and Conditions, and you agree to accept liability for harm caused by that person's wrongful use of the Site and/or the Service.

4.3. You shall not transfer to a third party, loan, license, distribute, disclose or sell the Password, shall not transfer to a third party, loan, license or sell the Printer Email Address, and shall not change the ownership of the Printer Email Address and/or password.

4.4. Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), You shall be liable for any damages resulting from use of the Printer Email Address and/or Password by a third party. Epson shall not be liable for any damages resulting from use of the Printer Email Address and/or Password by a third party.

4.5. If you lose the Registration Information, you shall notify Epson immediately at support page provided on the Site and follow any instructions provided by Epson.


5. Notices from Epson

The Service is made available in electronic form. You agree to receive notices from Epson under or in connection with these Terms and Conditions in electronic form. Notices from Epson to You shall be deemed delivered and effective when sent by Epson to Printer Email Address, the application you registered or the email address you provide to Epson on or in connection with the Site or the Service.


6. Termination of Membership

Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), Epson reserves the right to refuse service, terminate accounts, remove or edit content, or cancel accounts for any reason, without prior notification in its sole discretion, including without limitation in the following circumstances. Epson shall not be liable for any damages resulting from cancellation or termination of the membership.
(1) Registration Information contains falsified data.
(2) The name, Printer Email Address, or Password of another Member is used without authorization.
(3) The Terms and Conditions, including without limitation Section 10, are breached by You.
(4) Your account and/or your Printer Email Address have not been used for a certain period.
(5) Epson finds you to be inappropriate for any reason other than what is listed in the preceding three items.


7. Cancellation by Member

You may terminate your account at any time, for any reason by notifying Epson according to the specified procedure. Your parent, legal guardian or legal representative may terminate your account on behalf you.


8. Transfer of Printer and Scanner Ownership

8.1. If you sell or transfer ownership of a printer that has been assigned a Printer Email Address or scanner ("Registered Device") to a third party, or dispose of a Registered Device, you are solely responsible for cancelling your Registration according to the procedure specified by Epson on its website.

8.2. You shall be solely responsible for any and all damages caused by you or by a third party as a result of any sale, transfer of ownership, or disposal of a Registered Device.


9. Principle of Personal Responsibility

9.1. You are solely liable for any and all costs and fees associated with You using the Service, including any and all costs and fees associated with purchase of hardware, software, and other services required for use of the Service, including without limitation any communication devices, software, and telecommunication services.

9.2. You are responsible for any content You transmit using the Service.

9.3. Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia),You may allow a specifically-authorized person ("Authorized Person") to use the Service with your Registration Information, but you shall be liable for ensuring that the Authorized Person complies with the Terms and Conditions. If you receive and/or encounter a challenge, objection, question or complaint or conflict as a result of such use, you shall be liable for any costs and shall be liable for handling / resolving the situation.

9.4. Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia),You shall be liable for any costs and shall be liable for handling / resolving any damages or conflict with another Member or a third party resulting from use of the Service or from actions taken by Epson in line with the provisions in the Terms and Conditions. Epson shall not be liable regardless of cause.

9.5. Epson shall not be liable for any illegal acts committed by you using the Site and the Service (including but not limited to the prohibitions set forth in Section 11).

9.6. Epson reserves the right to seek compensation for any damages to Epson caused by your use of the Site and Service.


10. Prohibitions

10.1. Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), You expressly agree not to:

(1) Use the Site and the Service for any purpose that is prohibited by any law, regulation, public order and morals or to facilitate the violation of any law, regulation public order and morals;
(2) Use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site and the Service or any data or content found on or accessed through the Site and the Service without prior express written consent;
(3) Obtain or attempt to obtain through any means any materials or information on the Site and the Service that have not been intentionally made publicly available either by their public display on the Site and the Service or through their accessibility by a visible link on the Site and the Service;
(4) In any way bypass or circumvent any other measure employed to limit or prevent access to the Site and the Service or Content displayed on the Site and the Service;
(5) Violate the security of the Site and the Service or attempt to gain unauthorized access to the Site, the Service, data, materials, information, computer systems or networks connected to any server associated with this Site and the Service, through hacking, password mining or any other means;
(6) Interfere or attempt to interfere with the proper working of the Site and the Service or any activities conducted on or through the Site and the Service, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site;
(7) Take or attempt to take any action that imposes or may impose an unreasonable or disproportionately large load or burden on the Site, the Service or our infrastructure;
(8) Infringe upon the property, intellectual property right, privacy, or other rights of another Member, a third party, or Epson;
(9) Use the Site or the Service for campaigning, soliciting, lobbying, proselytizing, or similar acts;
(10) Use the Site or the Service for development and manufacture of weapons of mass destruction, terrorism, and other military acts;
(11) Use the Site or the Service for transmission of lewd images, child pornography, images of child abuse, or similar information;
(12) Use the Site or the Service for acts linked to crimes such as gambling, obstruction of business, and fraud;
(13) Use the Site or the Service for acts linked to stalking and similar behavior;
(14) Use the Site or the Service for transmission of information encouraging war, racial discrimination, religious persecution, human trafficking, prostitution, violence, brutality, and drug use;
(15) Use the Site or the Service for transmission of false information to the general public;
(16) Violate the Terms and Conditions;
(17) Encourage the acts defined in any of the preceding items and acts determined to fall under any of the preceding items by Epson;
(18) Use the Site or the Service for other acts deemed inappropriate by Epson; and
(19) You may not use the Site and the Service for any unlawful purpose.

10.2. Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), any unauthorized use by you of the Site and the Service terminates your license to access and use the Site and the Service.


11. Third Party Websites

You may, through hypertext or other computer links on the Site or the Service, 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.

Although Epson may provide a link to a third party website on the Site or the Service, 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 this Site or the Service.


12. Feedback

Any comments or materials sent to the Site, the Service or to Epson, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be the property of Epson and you hereby assign to Epson all intellectual property rights in the Feedback upon creation. Epson's use of the Feedback will be in compliance with the Privacy Statement, and applicable laws. Epson shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Epson shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback, without compensating you.


13. Limitations of Liability and Indemnification
Subject to Section 25 and/or 28 (which may apply to You if You acquire goods and services from Epson in Australia):

13.1. Epson shall not be liable for any dispute that occurs between and/or among you and other Members or in the exchange of information with a third party, including in forum postings and in email exchanges. Any such dispute shall be resolved between the parties involved.

13.2. Epson shall not be liable for any damages incurred by you or a third party due to malicious or negligent actions by third parties including other Members.

13.3. Epson shall not be liable for any damages, including but not limited to the damages by the errors by a third party service provider, or the errors in Epson's handling of emails, incurred by you during the transmission of email between you and Epson.

13.4. Epson may disclose content sent or received through the Service by you if required to do so by a court of law, government agency, competent supervisory agency, or other official body in Japan or overseas in accordance with applicable law or regulation. Epson shall not be liable for any damages caused by Epson's disclosure to the relevant authority.

13.5. Epson does not guarantee that use and operation of the Site and/or the Service complies with the laws and regulations of all countries and regions, and shall not be liable for the use of the Site and/or Service in countries or regions where it is deemed illegal or inappropriate.

13.6. You shall only use the Site and the Service after understanding and accepting that the events defined below may occur in the Service. Epson shall not be liable for any of the events defined below.

(1) The Data does not arrive at the Registered Device or designated address, or arrives at a different printer or address than the one intended by you.
(2) The Data sent to the Registered Device are not printed due to any reason, including but not limited to, the file type/format, the settings or standby state of the Registered Device, the network environment, or other reasons.
(3) A certain amount of time is required between when the Data is sent and when it is printed on the Registered Device.
(4) If the Data is not printed or scanned within a certain time period after receipt by Epson's servers, the Data will be deleted.
(5) The printout of the Data and scan result by using the Site and the Service differs from a printout by using printer driver software.
(6) The printout of the Data on the Registered Device differs from what you expected.
(7) Your information that was provided or collected via the Service and third party information that includes other Members, that was registered, provided or collected via the Service, is lost due to the provision, delay, modification, stoppage, or termination of the Service.
(8) A certain amount of time is required between when the Data is sent and when it is received on the designated address.
(9) The Data quality (including but not limited to color shade, image quality, picture quality) which is sent or stored on the designated address differs from manuscript or what you expected.
(10) The Data, which is sent to the Registered Device by this Service or the Third-Party Services (defined in Section 13.7) automatically, will be printed or scanned.

13.7. Through this Site and the Service, you can use services offered by third-party providers. This function is provided merely as a courtesy to you, and should not be taken as an endorsement from Epson of the third-party services (the “Third-Party Services”) provided.
EPSON MAKES NO WARRANTIES THAT YOU WILL BE ABLE TO ACCESS OR USE THESE THIRD-PARTY SERVICES, OR THAT THESE THIRD-PARTY SERVICES WILL PERFORM CORRECTLY.

13.8. EPSON SHALL HAVE NO LIABILITY FOR ANY LOSSES CAUSED TO YOU THROUGH THE USE OF THESE THIRD-PARTY SERVICES.

13.9. This Service may automatically deletes spam mail by using filtering system provided by third parties and as a result a part of the Data may not arrive or not be printed on the Registered Device. Epson shall not be liable for any damages incurred by you or a third party resulting from delete the Data by such filtering system.

13.10. By using the Site and the Service, you agree to defend, indemnify and hold harmless Epson and its officers, directors, employees, contractors, agents, licensors, and service or Content providers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site or Service and any violation of these Terms and Conditions. If you cause a technical disruption of the Site, Service or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.


14. Warranty and Limitation of Damages

14.1. Subject to Section 25 (which may apply to You if You acquire goods and services from Epson in Australia), Epson does not warrant that the Site and/or the Service does not infringe any third parties right, including but not limited to, third party copyrights, trademarks, patents, or other intellectual property rights, trade secrets, personal privacy, or any other legal or moral rights.

14.2. Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), You are entirely liable for activities conducted by you in connection with your access and use of the Site and the Service. If you are dissatisfied with the Content, the Site, the Service, or with these Terms and Conditions, your sole and exclusive remedy is to stop using the Content, the Service and the Site.

14.3. Subject to Section 25 (which may apply to You if You acquire goods and services from Epson in Australia), THE CONTENT, THE SERVICE AND THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. EPSON MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENCY OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SITE, THE SERVICE, THE CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SITE OR SERVICE.

14.4. Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), EPSON SHALL NOT BE LIABLE TO YOU OR ANYONE OTHER PERSON OR ENTITY FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.

14.5. Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), NEITHER EPSON NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SITE , SERVICE AND CONTENT, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, OR DELIVERING THE SITE, THE SERVICE, AND/OR ANY CONTENT ON THE SITE OR OTHERWISE. IN NO EVENT WILL EPSON, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON CONTENT, THE SERVICE, OR THE SITE.

14.6. Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), The Site, Service, and Content may include delays, omissions or inaccuracies. Epson assumes no liability for any errors or omissions in the Site, Service, or Content, and expressly disclaims any responsibility to update the Site, Service, or the Content displayed on the Site. Epson assumes no responsibility for the use of third party software on the Site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

14.7. Subject to Section 25 (which may apply to You if You acquire goods and services from Epson in Australia), TO THE EXTENT PERMITTED BY APPLICABLE LAW, EPSON DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF WORKMANLIKE QUALITY, MERCHANTABILITY, MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE COMPATIBILITY OF THE SERVICE WITH SPECIFIC USES OR PURPOSES, THE ACCURACY OF CONTENT, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

14.8. Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), IN NO EVENT SHALL EPSON, AFFILIATE, ITS THIRD PARTY LICENSORS, RESPECTIVE CONTRACTORS, OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR THIRD PARTIES WHO PROVIDE SALES OR SUPPORT SERVICES IN CONNECTION WITH THE SERVICE, BE LIABLE FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, TIME, MONEY, PROFITS OR GOOD WILL, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO; CONTRACT, TORT (INCLUDING LIBEL), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE SITE OR SERVICE, AND WHETHER OR NOT EPSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole remedy if dissatisfied with the Service in any way is to cancel the Service as provided above. IN NO EVENT WILL EPSON BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER FOR ANY USE OF ANY HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF EPSON IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


15. Operating Environment

The Site and/or Service may be unavailable due to your network environment and Internet connection.
or changes in your network environment and Internet connection environment.


16. Modification, Stoppage, and Suspension of the Service

Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), Epson reserves all rights to modify the content of the Site and Service or to temporarily halt or suspend the Service without advance notification to you or your permission in its sole discretion for any reason, including without limitation in the following circumstances and Epson shall not be liable for any disadvantages or damages incurred by you due to the modification, stoppage, or suspension.
(1) Epson needs to conduct maintenance or updates of its server, software or hardware, or Epson needs to perform emergency maintenance as a result of trouble with or disruptions of the Site or Service.
(2) When telecommunication services are not provided by any entities and/or companies.
(3) When the Site and/or Service cannot be provided due to a force majeure, including but not limited to, an earthquake, tsunami, eruption, power outage (including scheduled outages, rolling blackouts or similar acts), fire, or other natural disaster. Epson shall be excused from performance under these Terms and Conditions to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Epson.
(4) When Epson deems it necessary to modify the content of the Site and/or Service, or to temporarily halt or suspend the Service.


17. Termination of the Service

Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), Epson reserves all rights to terminate the Service by notifying to you in advance subject to Section 5. Epson shall not be liable for any disadvantages or damages incurred by you due to the termination of the Service.


18. Modification of the Terms and Conditions

18.1. Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), to the extent permitted by the applicable law and regulations, Epson reserves all rights to change or modify the Terms and Conditions with prior notification to you of the change or modification and the Terms and Conditions will be changed or modified from the Effective Date of such change or modification. Epson will notify the modified Terms and Conditions by posting on the Site, sending to the application you registered, or sending to an email address you registered as Registration Information. Provided that Epson may omit or skip the prior notice if (a) such modification is made for clarification or correction of the Terms and Conditions and (b) such modification shall not cause any adverse effect to You. You should periodically check the latest content of the Terms and Conditions.

18.2. The modified Terms and Conditions shall be effective from the time they are posted on Epson's web page unless otherwise specified by Epson. When You continue to use the Service, it shall be deemed that have accepted the changed or modified version of Terms and Conditions with regard to the Service.

18.3. If You do not agree with the changed or modified version of Terms and Conditions, You shall immediately stop using the Service.


19. Governing Law and Jurisdiction

19.1. The Terms shall be governed and interpreted by the laws of Japan.

19.2. In the event of a dispute between you and Epson, the parties shall submit to the exclusive jurisdiction of the Tokyo District (Summary) Court.


20. Entire Agreement

Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), You acknowledge and agree that these Terms and Conditions constitute the complete agreement between you and Epson concerning your access to and use of the Site and Service, and supersede and govern all prior proposals, agreements, or other communications, whether oral or in writing, with respect to the Site and Service. You represent, warrant, and covenant that your access to and use of the site will comply with these Terms and Conditions.


21. Severability

Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Epson. The failure of Epson to insist upon strict compliance with any term or provision of these Terms and Conditions shall not affect the full right to require such performance at any time thereafter, and shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. In the event that any term or provision of these Terms and Conditions 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. Epson will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Epson as reflected in the original provision.


22. Assignment

Subject to Section 28 (which may apply to You if You acquire goods and services from Epson in Australia), You may not assign these Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Epson, which may be withheld at Epson's sole discretion. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. Epson may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion.


23. Effect of Termination/Survival of Selected Provisions

Notwithstanding the expiration or earlier termination of your account on the Site, rights and obligations under these Terms and Conditions which by their nature should survive, will remain in effect after termination or expiration hereof. Upon the expiration or earlier termination of your account on the Site, all rights and obligations of the parties under these Terms and Conditions shall expire, except those rights and obligations under those sections specifically designated in this Section 23.


[IF YOU USE THE SITE OR THE SERVICE IN AUSTRALIA, THE FOLLOWING SECTIONS 24 - 41 MAY ADDITIONALLY APPLY TO YOU]

24. Definitions

For the purpose of Sections 25 - 41 of these Terms and Conditions, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).


25. Acquiring Site or Services as a Consumer

If You acquire the Site or Service in Australia as a consumer under the Australian Consumer Law, which can include individuals or businesses or other entities of any size, these Terms and Conditions are subject to the following Sections 26 and 27.


26. Australian Consumer Law

Nothing in these Terms and Conditions 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 and Conditions, if you acquire goods (other than 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 these Terms and Conditions.

The statutory guarantees include (without limitation) the following:

• Goods must be of acceptable quality. This means they must:
• be safe;
• be free from defects;
• be acceptable in appearance and finish;
• do all the things someone would normally expect them to do;
• match any demonstration model or sample;
• be fit for the purpose which Epson has represented to you it would be fit for;
• match the description of the goods given by Epson; and
• meet any express warranty given by Epson to you at the time of your purchase about their performance, condition and quality.
• Services provided by Epson must:
• be provided with due care and skill or technical knowledge;
• be fit for the purpose or give the results that have been agreed to; and
• be delivered within a reasonable time when there is no agreed end date.

To the extent that Epson fails to comply with a statutory 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 us; 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.


27. Disclaimer of Warranties

27.1. Section 13.7 will not apply to You. The following term will apply instead:

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, EPSON MAKES NO WARRANTIES THAT YOU WILL BE ABLE TO ACCESS OR USE THESE THIRD-PARTY SERVICES, OR THAT THESE THIRD-PARTY SERVICES WILL PERFORM CORRECTLY.

27.2. Section 14.3 will not apply to You. The following term will apply instead:

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: (1) THE CONTENT, THE SERVICE AND THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND; (2) EPSON MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENCY OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SITE, THE SERVICE, THE CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SITE OR SERVICE.

27.3. Section 14.7 will not apply to You. The following term will apply instead:

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, EPSON DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF WORKMANLIKE QUALITY, MERCHANTABILITY, MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE COMPATIBILITY OF THE SERVICE WITH SPECIFIC USES OR PURPOSES, THE ACCURACY OF CONTENT, AND NON-INFRINGEMENT.


28. Acquiring Product under a Consumer or Small Business Contract

If:
(a) you are an individual and you acquire the Service or use of Service wholly or predominantly for personal, domestic or household use or consumption; or
(b) these Terms and Conditions constitutes a small business contract (as that term is defined in the Australian Consumer Law from time to time),

then the following Sections 29 - 41 will apply to you.


29. Registration

29.1. Section 3.1 will not apply to You. The following term will apply instead:

If you want to become a Member, you must enter true and accurate data as part of the Registration process ("Registration Information," including email address for communication from Epson, password, language information, time zone, etc.). You must provide accurate, complete, and updated contact information, identification details, and any other form of authentication requested on the Site and/or the Service, in Epson's sole discretion. Failure to do so constitutes a violation of these Terms and Conditions, which may result in immediate termination of your license to access and use the Site and the Service where it is reasonable in order to protect our legitimate interests. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You shall register for and use your account on the Site and the Service, in strict compliance with (1) these Terms and Conditions, and (2) all applicable laws, rules and regulations (collectively, "Laws").

29.2. Section 3.4 will not apply to You. The following term will apply instead:

Epson reserves the right to deny Registration for where it has reasonable grounds to believe:
(1) The customer is likely to violate the prohibitions in Section 10 or any other material obligation under the Terms and Conditions.
(2) The customer is likely to interfere with operation of the Service;
(3) The customer is likely to cause harm to Epson or to a third party.
(4) The customer is under the age of eighteen (18) years old.


30. Management of Account, Printer Email Address and Password

30.1. Section 4.2 will not apply to You. The following term will apply instead:

You are responsible for managing the Printer Email Address, and the password and access key that you set for using the Site and the Service (collectively the "Password"). You are responsible for maintaining the confidentiality of your Printer Email Address, account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Printer Email Address, account or Password, except to the extent that unauthorized use or activities under your Printer Email Address, account or Password is caused by the mistake, fraud, negligence, or wilful misconduct of Epson or its employees, officers, contractors or agent. If you are accessing and using the Site or the Service on someone else's behalf, you represent that you have the authority to bind that person as a principal to these Terms and Conditions, and you agree to accept liability for harm caused by that person's breach of these Terms and Conditions.

30.2. Section 4.4 will not apply to You. The following term will apply instead:

You shall be liable for any damages resulting from use of the Printer Email Address and/or Password by a third party. Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind resulting from use of the Printer Email Address and/or Password by a third party, except to the extent caused by the mistake, fraud, negligence, or wilful misconduct of Epson or its employees, officers, contractors or agent.


31. Termination of Membership

Section 6 will not apply to You. The following term will apply instead:

Epson reserves the right to refuse to provide you the Service or access and use of the Site, terminate, remove, edit or cancel Your account, access or use of the Site or Service, or remove or edit content, without prior notification, to the extent necessary to protect its legitimate business interests, including but not limited to the following circumstances:
(1) Your Registration Information contains falsified data and/or information;
(2) You use the name, Printer Email Address, or Password of another Member without authorization;
(3) You materially breach these Terms and Conditions, including without limitation Section 10 (Prohibitions); or
(4) You have not used Your account and/or Your Printer Email Address for 1 (one) year period.

Epson will promptly notify you after it has taken such action without prior notification, unless to the extent otherwise reasonably necessary to protect its legitimate interests.

Subject to Section 25 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's exercise of its rights under this Section.

The provisions of these Terms and Conditions that by their nature are intended to survive termination will remain in full effect even after your account is terminated.


32. Principle of Personal Responsibility

32.1. Section 9.3 will not apply to You. The following term will apply instead:

You may authorize a person ("Authorized Person") to use the Service with your Registration Information. You shall be liable for ensuring that Authorized Persons comply with these Terms and Conditions. You shall be liable for costs you incur and resolving any disputes that arise out of an Authorised Person's use of Your Registration Information except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its employees, officers, contractors or agents.

32.2. Section 9.4 will not apply to You. The following term will apply instead:

You shall be liable for any costs and shall be liable for handling / resolving any damages or conflict with another Member or a third party resulting from use of the Service except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its employees, officers, contractors or agents.


33. Prohibitions

Sections 10.1(18) and 10.2 will not apply to You.


34. Limitations of Liability and Indemnification

34.1. Section 13.1 will not apply to You. The following term will apply instead:

Subject to Section 25, Epson shall not be liable for any dispute that occurs between and/or among you and other Members or in the exchange of information with a third party, including in forum postings and in email exchanges except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its employees, officers, contractors or agents. Any such dispute shall be resolved between the parties involved.

34.2. Section 13.2 will not apply to You. The following term will apply instead:

Subject to Section 25, 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 Members, except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its employees, officers, contractors or agents.

34.3. Section 13.3 will not apply to You. The following term will apply instead:

Subject to Section 25, Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind arising from the errors by a third party service provider, or the errors in Epson's handling of emails, incurred by you during the transmission of email between you and Epson, except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its employees, officers, contractors or agents.

34.4. Section 13.6 will not apply to You. The following term will apply instead:

Subject to Section 25, Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind arising from any of the events defined below:
(1) the Data does not arrive at the Registered Device or designated address, or arrives at a different printer or address than the one intended by you;
(2) the Data sent to the Registered Device is not printed due to any reason, including but not limited to, the file type/format, the settings or standby state of the Registered Device, the network environment, or other reasons;
(3) a certain amount of time is required between when the Data is sent and when it is printed on the Registered Device;
(4) the Data being deleted because it is not printed or scanned within a certain time period after receipt by Epson's servers;
(5) the printout of the Data or scan result produced using the Site and the Service differ from a printout produced by using printer driver software;
(6) the printout of the Data on the Registered Device differs from what You expected;
(7) the information You provided or was collected from You via the Service, third party information and other Members' information, that was registered, provided or collected via the Service, is lost due to the provision, delay, modification, stoppage, or termination of the Service;
(8) a certain amount of time is required between when the Data is sent and when it is received on the designated address;
(9) the Data quality (including but not limited to color shade, image quality, picture quality) which is sent or stored on the designated address differs from manuscript or what you expected; or
(10) the Data, which is sent to the Registered Device by the Service or the Third-Party Services (defined in Section 13.7) automatically is printed or scanned,

except in each case to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its employees, officers, contractors or agents.

34.5. Section 13.8 will not apply to You. The following term will apply instead:

Subject to Section 25, Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind arising from Your use of Third-Party Services, except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its employees, officers, contractors or agents.

34.6. Section 13.9 will not apply to You. The following term will apply instead:

This Service automatically deletes spam mail by using filtering systems provided by third parties, and as a result a part of the Data may not arrive or not be printed on the Registered Device. Subject to Section 25, Epson shall not be liable to You or a third party for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind resulting from the deletion of Data by such filtering systems, except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its employees, officers, contractors or agents.

34.7. Section 13.10 will not apply to You.


35. Limitation of Damages

35.1. Section 14.2 will not apply to You. The following term will apply instead:

You are responsible for activities conducted by You in connection with Your access and use of the Site and the Service.

35.2. Section 14.4 will not apply to You. The following term will apply instead:

SUBJECT TO SECTION 25, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANYONE OTHER PERSON OR ENTITY FOR ANY LOSS, DAMAGE, LIABILITY, PENALTY, FINE, CHARGE, EXPENSE, PAYMENT OR COSTS OF ANY NATURE OR KIND RESULTING FROM ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION.

35.3. Section 14.5 will not apply to You. The following term will apply instead:

SUBJECT TO SECTION 25, NEITHER EPSON NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LOSS, DAMAGE, LIABILITY, PENALTY, FINE, CHARGE, EXPENSE, PAYMENT OR COSTS OF ANY NATURE OR KIND RESULTING FROM USE OF THE SITE, SERVICE AND CONTENT, IN WHOLE OR PART, CAUSED BY CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, OR DELIVERING THE SITE, THE SERVICE, AND/OR ANY CONTENT ON THE SITE OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON CONTENT, THE SERVICE, OR THE SITE, EXCEPT TO THE EXTENT CAUSED BY THE MISTAKE, FRAUD, NEGLIGENCE OR WILFUL MISCONDUCT OF EPSON OR ITS EMPLOYEES, OFFICERS, CONTRACTORS OR AGENTS.

35.4. Section 14.6 will not apply to You. The following term will apply instead:

The Site, Service, and Content may include delays, omissions or inaccuracies. Subject to Section 25 and except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its employees, officers, contractors or agents: (1) Epson assumes no liability for any errors or omissions in the Site, Service, or Content, and expressly disclaims any responsibility to update the Site, Service, or the Content displayed on the Site. (2) Epson assumes no responsibility for the use of third party software on the Site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

35.5. Section 14.8 will not apply to You. The following term will apply instead:

SUBJECT TO SECTION 25, NEITHER PARTY (INCLUDING A PARTY'S AFFILIATES, ITS THIRD PARTY LICENSORS, RESPECTIVE CONTRACTORS, OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR THIRD PARTIES WHO PROVIDE SALES OR SUPPORT SERVICES IN CONNECTION WITH THE SERVICE), ARE LIABLE FOR (1) ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, TIME, MONEY, PROFITS OR GOOD WILL, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING LIBEL), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE SITE OR SERVICE, AND WHETHER OR NOT THE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (2) ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF ANY HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF THE PARTY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


36. Modification, Stoppage and Suspension of the Service

36.1. Section 16 will not apply to You. The following term will apply instead:

To the extent reasonably necessary to protect its legitimate interests, Epson reserves all rights to modify the content of the Site and the Service or to temporarily halt or suspend the Service, or any feature or component thereof, and discontinue support of the associated products and software at any time. Epson will provide reasonable advance notice to You at the email account registered to the Service to the extent practicable. Epson may give You shorter advance notice (or no notice) of a change if it is reasonable in order for Epson to manage a material and immediate risk, including without limitation in the following circumstances and subject to Section 25, Epson shall not be liable for any disadvantages or loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind incurred by you due to the modification, temporary halting or suspension of the Services or the Site caused when:
(1) Epson needs to conduct maintenance of the server in relation to the Service, or when Epson needs to perform emergency maintenance as a result of trouble with or disruptions to of the Service;
(2) due to a failure in the telecommunication services are provided by third parties;
(3) a cause beyond the control of Epson happens, 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; or
(4) Epson reasonably deems it necessary to modify the content of the Site and/or the Service, or to temporarily halt or suspend the Service, in order for Epson to manage a material and immediate risk,
in each case except to the extent loss or damage is caused by the mistake, fraud, negligence or wilful misconduct of Epson or its employees, officers, contractors or agents.


37. Termination of the Service

Section 17 will not apply to You. The following term will apply instead:

Epson reserves all rights to terminate the Service by notifying you at least 30 (thirty) days in advance in accordance with Section 5. Subject to Section 25, Epson shall not be liable for any disadvantages or loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind incurred by you due to the termination of the Service, except to the extent the disadvantages or losses is caused by the mistake, fraud, negligence or wilful misconduct Epson or its employees, officers, contractors or agents.


38. Modification of the Terms and Conditions

Section 18 will not apply to You. The following term will apply instead:

Epson may modify these Terms and Conditions by providing You with advance notice 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 and immediate risk. Epson must act reasonably and only modify these Terms and Conditions to the extent reasonably necessary to protect its legitimate business interests. For example, Epson may change the terms of these Terms and Conditions to reflect new features or functionality provided in the Site or Service, to protect its intellectual property, to prevent fraud or misuse of the Site or Service, for security or technical reasons or due to a change in applicable law. If You continue to use the Site or Service after the effective date of the amended terms of these Terms and Conditions You will be deemed to have accepted the change. If You do not accept the revised Terms and Conditions You must cease using the Site and Service.


39. Entire Agreement

Section 20 will not apply to You.


40. Severability

Section 21 will not apply to You. The following term will apply instead:

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Epson. The failure of Epson to insist upon strict compliance with any term or provision of these Terms and Conditions shall not affect the full right to require such performance at any time thereafter, and shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. In the event that any term or provision of these Terms and Conditions 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.


41. Assignment

Section 22 will not apply to You. The following term will apply instead:

Neither party may assign these Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of the other party. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void.


42. Effective Date

The Terms are effective as of September 1, 2012.
The Terms are partly revised as of July 3, 2020.
The Terms are partly revised as of January 28, 2021.
The Terms are partly revised as of November 9, 2023.
The Terms are partly revised as of August 26, 2024.