EPC TERMS AND CONDITIONS
LAST REVISED: 19.12.2023
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE EPC SITE.
By using this site, you signify your agreement to these Terms of Use and our Privacy Policy. You will find a link to the Privacy Notice in the footer of this page. If you do not agree to these Terms of Use, please do not use this site. EPC reserves the right, at our discretion, to change, add, remove or otherwise modify portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this site following the posting of changes to these Terms of Use means you accept those changes.
OWNERSHIP
All content included on this site, including, without limitation, text, graphics, images, logos, audio or video clips, digital downloads, data compilations and software, is the property of EPC or the EPC site’s content suppliers or licensors and is protected by the laws of Australia and other countries. The compilation of all content of this site is the property of EPC and is protected by the laws of Australia and other countries. EPC and other marks indicated on the site are registered trademarks of the EPC group. All other trademarks that are not owned by EPC that appear on this site are the property of their respective owners, which may or may not be affiliated with or connected to EPC.
LICENSE AND SITE USE
The EPC site grants you a limited license to access and make personal, non-commercial use of this site. In accordance with these Terms of Use, you are not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages, as necessary to access the site (for personal, non-commercial use provided that all copyright and proprietary notices are maintained), frame, link to any page within or modify all or part of the site without EPC’s express written consent. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce software that you are permitted to download from the site hereunder, except as may be permitted by law. Except only as expressly provided herein, this site (or any derivative work version of it), its contents (including, without limitation, rankings, tournament scores and standings) and any member or account information, may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without EPC’s prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not may not be transferred or licensed to you.
YOUR ACCOUNT
By using this site, you are responsible for maintaining the confidentiality of your EPC membership and account information, credit card information, usernames, passwords and IDs that may be required to access the site (“Account Information”) and for restricting access to your computer or other devices. Users must also accept responsibility for all activity that occurs under or with the use of their Account Information (including, without limitation, usernames and password). EPC reserves the right at its sole discretion to refuse access to the site or services provided through it, terminate accounts and usage rights, edit or remove content or submissions (as defined below) and cancel orders or requests for materials made through the site.
Children under 13 years old are not allowed access to EPC. The publication of personal information regarding minors who cannot access EPC but who participate in certain tournaments or sporting events, can only be performed by their legal representatives, who must be duly registered in the social network and assume the responsibility of the published contents related to the minors they represent.
Profiles of corporate bodies (clubs, etc.), can only be created by users over the age of 18.
If at any time we suspect that a user other than a parent or guardian has violated the privacy of a minor, we reserve the right to delete their account without notice.
PLAYER CANCELLATION POLICY
Notice Requirement: Players who wish to cancel their registration must notify the organisers at least 48 hours before the event.
Notification Method: Cancellations must be communicated via email or SMS to the organiser.
Credits: If cancellation is made within the specified time frame, players may be eligible for a credit towards a future event.
Redemption Period: The redemption period for credits is 6 months from the date of issue. Credits not used within this period will expire and will not be refunded or extended.
Failure to Notify: If a player fails to notify the organisers within the 48-hour window, they may not be eligible for a credit.
SUBMISSIONS
Any information or materials you transmit, upload or otherwise submit to any EPC site (including, without limitation, comments, reviews, postings to chat, email messages or materials directed to any forum, as the term is defined below) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to the EPC site via our website or other means of transmission or delivery, shall be collectively referred to as “Submissions.” If you transmit or otherwise deliver Submissions to the EPC site, you grant EPC a non-exclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law) license (with the right to sublicense and assign) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such Submissions or incorporate such Submissions into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed. You hereby agree and represent to EPC that you own or have been granted the necessary intellectual property and other rights in the Submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to the EPC site, that no such Submissions are, or shall be, subject to any obligation of confidence on the part of the EPC site and that EPC shall be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, EPC shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
ADVERTISING
Unless you specifically withdraw your consent to this clause by sending an email to [email protected], you hereby acknowledge and consent to EPC making use of any of your marks, logos and trade names to identify you as EPC’s user/customer on the EPC site and/or services, in addition to any other marketing material.
FORUMS AND PUBLIC COMMUNICATION
“Forum” means a chat area, message board, email function or other function which allows you to transmit or submit material to an EPC site for display, storage or distribution, offered as part of any EPC site or by an affiliated company/organization and/or service provider of EPC. Where the Forum is provided on a site other than an EPC site, you will be bound by the terms of service and privacy policy of the site to which you have linked. If you participate in any forum within an EPC site, you must not and agree that you will not through the use of any submission or otherwise:
In addition, you must note and agree that you will not use a false email address, impersonate any person or entity or otherwise mislead others as to the source of origin of a Submission.
EPC reserves the right to remove or edit content from any EPC site Forum at any time and for any reason but does not regularly review posted Submissions.
Any material transmitted, submitted or otherwise delivered to a Forum shall constitute a Submission and is hereby governed by the terms applicable to Submissions as described herein.
When participating in a Forum, never assume that people are whom they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other user-generated content area. Information obtained in a Forum may not be reliable, and EPC is not responsible for the content or accuracy of any information.
CONTENT LINKED TO ANY EPC SITE
Please exercise discretion while browsing the Internet using any EPC site. You should be aware that while you are on the EPC site, you could be directed to other sites that are beyond our control. There are links to other sites from EPC site pages that take you outside of our service. This includes links from regional sections, sponsors and content partners that may use our logo(s) as part of a co-branding or other agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. EPC reserves the right to disable links from third party sites to any EPC site. EPC makes no representations concerning the content of sites linked to any EPC site or listed in any of our directories. Consequently, EPC cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to an EPC site.
DISCLAIMER
The materials in this EPC site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, EPC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. EPC does not warrant that the functions contained in the materials on any EPC site will be uninterrupted or error-free, that defects will be corrected or that any EPC site or the servers that make such materials available are free of viruses or other harmful elements. EPC does not warrant or make any representations regarding the use or the results of the use of the materials on any EPC site in terms of their correctness, accuracy, reliability or otherwise. You assume the cost of all necessary servicing, repair or correction of devices upon which you utilise EPC sites.
EPC explicitly disclaims any responsibility for the content, accuracy, completeness or availability of information found on sites that link to or from any EPC site. EPC cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any EPC site or third-party content on our sites. EPC does not endorse any of the merchandise (if any) except as expressly provided, nor has EPC taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. EPC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. EPC strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality and security of your Account Information while using an EPC site, and for all activities that occur under your account. You agree to indemnify, defend and hold EPC, EPC sites and subsidiaries and other affiliated companies/organisations and sponsors and their respective officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney’s fees and other reasonable costs of defence or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other EPC site or of any site linking to these. You shall use your best efforts to cooperate with us in the defence of any claim.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EPC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY EPC SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF EPC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP OF THE EPC SITE.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in any EPC site are presented solely for the purpose of promoting sport, sport equipment, sporting instruction and sporting events and other products and services available. EPC makes no representation that materials on any EPC site are appropriate or available for use in any particular location. Those who choose to access an EPC site do so at their own risk.
TERMINATION
These Terms of Use are effective until terminated by either party. Your access to any and all EPC sites may be terminated immediately without notice from us if, at our sole discretion, you fail to comply with any term of these Terms of Use. Upon such termination, you must cease use of the EPC sites and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of all EPC sites. Upon such termination, you must destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notification must be submitted to:
EPC Sports Pty Ltd
5/16 Terrol Crescent
Mona Vale NSW 2103
Australia
To be effective, the notification must be a written communication that includes the following:
GENERAL PROVISIONS
By visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state of NSW and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.