CoverPlus Flex Terms and Conditions

Epson Australia Pty Ltd ACN 002 625 783 ('Epson', 'we', 'us', 'our') offers a monthly subscription to its products and services ('Flex Plan') to customers for personal and/or business/commercial purposes ('Customer' 'you' and 'your'). These terms and conditions, as amended from time to time in accordance with clause 8.1 below, set out the terms on which a Flex Plan is provided to you ( 'agreement'). Your agreement to these terms and conditions is acknowledged by your first payment under the Flex Plan. This Flex Plan is in addition to other rights or remedies that you may have under the Australian Consumer Law in relation to your Epson Product ('Product') and is an optional purchase by you.

Please read carefully the CoverPlus Terms and Conditions and the technical terms applicable to your Product as well as the Flex Plan conditions set out below.

Australian Consumer Law Prescribed Statement

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

1. to cancel your service contract with us; and
2. 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.

1. Purpose of the Epson Flex Plan

1.1 Flex Plans are only available to customers who own or retain ownership of an Epson product.

1.2 Flex Plans provide an additional one (1) month service and support coverage (Term'), extendable for up to 12, 24, 36 or 48 months (depending on the Epson product you own and the plans available for this product), renewed monthly.

1.3 Flex Plans can only be purchased in the last month (or last four weeks) of your Epson Express Warranty period, where applicable.

1.4 Flex Plans will begin one day after the end of your Epson Express Warranty period.

1.5 If Epson is of the reasonable opinion or reasonably suspects that you are abusing the purpose of the Flex Plan in any way or otherwise violating any of the terms of the Flex Plan, we may terminate your Flex Plan before the expiry of the Term by sending you an e-mail notification to your nominated e-mail address.

2. Flex Plan Subscription Sign Up Process

2.1 To subscribe for a Flex Plan, you must have the legal right and capacity to enter into this agreement and to be legally bound by these terms.

2.2.1 To register for a Flex Plan, you will be required to complete the following mandatory fields: Product Serial Number, Date and Location of Purchase, Email Address, Full Name, Address, Contact Number and an active Mastercard/Visa credit/debit card.

2.2.2 Customers must also retain a digital or hardcopy of their Proof of Purchase of the Product and a copy of your CoverPlus Flex Certificate throughout the whole duration of their Flex Plan.

2.3 You can choose one of the Flex Plans according to your needs and the Product you require. We will confirm by email to your nominated email address the particulars of each Flex Plan. The Flex Plan starts on the Registration Date, being the date when Epson successfully receives the first payment. Following the Registration Date, Epson will confirm by e-mail your registration on https://www.epson.com.au/coverplus/coverplus-flex.asp ('Flex Website'). Each Flex Plan which you enter into with us is made up of the particulars of your Flex Plan and these terms and conditions (as amended from time to time in accordance with clause 8.1 below).

2.4 You are not permitted to upgrade or downgrade your Flex Plan during the Term.

3. Transfer of your Flex Plan

3.1 You cannot transfer the Flex Plan to a non-registered Product or to another person, company or business. Unless otherwise stated in this agreement, you will be permitted to change your name, email address and password in which the account is linked after the account has been created.

4. Fees, Payment and Invoicing

4.1 You must pay Epson:

4.1.1 the amounts payable under these terms and conditions and which are due in respect of any Flex Plan to which you have subscribed.

4.2.1 When you create your Flex Account, you will need to provide details of a valid Mastercard/Visa credit or debit card on the Flex Website (Payment Details).

4.2.2 By providing us with your Payment Details, you consent to:

1. and authorise Epson to process any of the amounts due to it under a Flex Plan (including those amounts set out in clause 4.1 above) using the Payment Details included in your Flex Account. We will notify you by email when any changes are made to the authorisation or these terms;
2. us or a third party on our behalf storing these cardholder details (such as a credit card number or payment token) in a secure manner. When storing these details, we will ensure that we:
   1. comply with the Payment Card Industry Data Security Standard;
   2. implement and maintain reasonable security measures to protect all cardholder data in their possession or control; and
   3. only use the details for processing payments in accordance with these terms.

4.3 Unless promotional periods apply, payment of your Flex Plan fees are due monthly in advance. Epson will take payment from your Payment Details on a monthly basis for your Flex Plan according to the fees and charges which apply to your Flex Plan.

4.4 You can check the applicable fees and charges for your Flex Plan (as updated from time to time) at https://www.epson.com.au/coverplus/coverplus-flex.asp. Details of the fees and charges will be included in each invoice that we issue to you through your Flex Account. Please remember to check your Flex Account for the invoices.

4.5 Using the payment details included in your Flex Account, we will attempt to process your first invoice payment. The Registration Date is the day Epson successfully receives the first payment from your nominated card. The Due Date for payment of each subsequent invoice will be set on the same date as the Registration Date. For example, if your first payment is received for a Flex Plan on 1 September, the Registration Date for this Flex Plan will be the 1 September and the Due Date for this Flex Plan will be the 1st of each month. If the Due Date is on a day not available in all months (i.e. 31st), the payment day will be the last day of those months which are missing such days.

4.6 If your payment is declined, Epson will attempt to retrieve a payment every three days, a maximum of four times. If on the fourth attempt, Epson is still unsuccessful in retrieving a payment from your nominated Mastercard/Visa credit/debit card, Epson will

1. Attempt to contact you to advise of unsuccessful payment and
2. If the decline is for your first payment, not activate your Flex Plan and

4.7 If, for reasons attributable to you, Epson is unable to take or receive payment from your payment method after taking the measures described in clause 4.6 above, Epson shall, without prejudice to any other right which it may have, have the right to not activate your Flex Plan or cancel your Flex Plan. Where a plan is not active, it will not be possible to use your Flex benefits.

4.8 Unless specifically mandated under any legislation in Australia, no cooling off period will apply to the Flex Plan.

5. Customer Support Centre

5.1 If you need assistance with your Flex Plan or your Flex Account, or have any questions regarding your Flex Plan, please contact the Service Customer Support Centre https://www.epson.com.au/customer-service/

6. Communications

6.1 By registering on the Flex Website, you agree to be contacted or to receive messages by Epson on your Product, computer or app, to provide information about your Flex Account and status.

6.2 You agree that all such notices and other communications that Epson provides to you electronically satisfy any legal requirement that such communications be in writing.

7. Use of Information

By registering on (or otherwise using) the Flex Website, you:

7.1 agree Epson collecting, holding, using and disclosing your personal information (including your personal data) as set out in Epson's Privacy Policy (available at: https://www.epson.com.au/company/other/privacy-policy.asp and as updated from time to time), including for the purposes of providing the Flex Plan, to process any transactions that you have requested and/or to improve or to customise your experience on the Flex Plan. If you do not provide the required personal information we may not be able to provide you with a Flex Plan. Epson's Privacy Policy also contains information about how you may access or seek correction of your information, see how that information is managed, how to make a privacy-related complaint and how that complaint will be dealt with; and

7.2 consent to your personal information being used by Epson (and its related entities) to send marketing materials such as conduct surveys regarding Epson branded products and/or advertisements from Epson or affiliated companies. Epson will always provide a means for you to opt out of receiving any marketing material at any time by using the unsubscribe mechanism provided in the relevant marketing message or the web form epson.com.au/unsubscribe/.

8. Amending, changing or updating the terms and conditions and fees

8.1 Acting reasonably, Epson may amend, change or update these terms and conditions at any time to comply with laws and regulations or to reflect changes in Epson's business practices and procedures and will notify you accordingly. If you continue to use your Flex Plan after these changes have been made, you are taken to have agreed to the changes.

8.2 Epson reserves the right to change existing fees or add or remove fees for a Flex Plan which you have entered into. Epson shall give you a 30 days' notice before the change takes effect.

8.3 If you do not agree to any changes to this agreement (see clause 8.1) or a change of fees (see clause 8.2), you may terminate this agreement in accordance with clause 9.

9. Termination of the Flex Plan

You terminate

9.1 You may terminate a Flex Plan at any time (with no financial penalty or cancellation fees). You can do so directly from your Flex Account.

9.2 Termination will be effective at the end of the then current monthly payment term. On termination for any reason, you will not be entitled to a refund of any fees which you have already paid under this agreement.

9.3 For instance, if you are invoiced every 15th of the month, and you terminate on the 25th of a given month, your payment made on the 15th of that month will not be reimbursed and will cover the agreed number of days in your Flex Plan for the current payment term, which means your Flex Plan will continue until the 14th day of the next month. Following the end of the last payment term, you may be sent one last invoice. On the 15th day of the next month, the Flex Plan will become inactive.

Epson terminates

9.4 Epson may terminate your Flex Plan at any time for any or no reason by giving notice to you at your nominated email address. Termination under this clause takes effect at the end of your monthly Term.

9.5 You agree that Epson will not be liable to you for any termination of your Flex Plan or refusal of access to the Flex Plan or Flex Website. Upon termination of your Flex Plan for any reason, any rights granted to you under this agreement shall terminate and you will not be able to use the Flex Plan or Flex Website.

9.6 Epson may terminate your Flex Plan at any time without compensation where you are in breach of these terms or the CoverPlus Terms and Conditions.

10. Intellectual Property Rights

Epson, and any other product or Flex name, image or logo related to the Flex Plan are trademarks of Epson or its licensors and may not be copied, imitated or used, in whole or in part. By registering into the Flex Plan you will not gain any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by Epson. Epson will retain exclusive ownership of the Flex Plan and the Flex Website and any technology related thereto and will own all related intellectual property rights, title and interest in any ideas, concepts, know how, documentation and techniques.

11. Limitation of Liability

11.1 To the extent permitted by law, Epson does not guarantee continuous or uninterrupted access to your Flex Plan, and Epson will not be liable to you as a result of any delay to provide your Flex Plan to the extent such delay is caused by an event or circumstance which is beyond its reasonable control. Epson will use reasonable efforts to resolve any disruption and will communicate and update you on progress.