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Terms and Conditions

Dated : August 22, 2022

 

The following are the terms and conditions between you, EPIC BLOCKCHAIN TECHNOLGOIES INC. and/or EPIC ASIC ASIA LIMITED (and together with any receipt of payment and shipping confirmation the “Terms and Conditions”) that apply to your order and/or purchase of products and services, including without limitation the products and services set out below. By ordering a product or service from ePIC (as defined below), you agree to be bound to these Terms and Conditions that may pertain to same. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT ORDER ANY PRODUCTS OR SERVICES FROM EPIC.

The terms “you“, “your“, and “yours” refer to anyone placing an order for and/or purchasing a product or service from ePIC. The terms “ePIC”, “we“, “us,” and “our” refer to EPIC BLOCKCHAIN TECHNOLOGIES INC. and/or EPIC ASIC ASIA LIMITED.

You represent and warrant that you are the age of majority in your jurisdiction of residence and can legally enter into binding contracts.

 

OUR PRODUCTS AND SERVICES
ePIC offers the following products and services to customers:

  1. Mining Rigs, including but not limited to, bitcoin miners tailored to your specifications; and
  2. Fleet Enhancement Products, including but not limited to, customized control boards, firmware, and PSUs designed for the environmental conditions of your location and fleet; and
  3. Design, configuration and related services in relation to the purchase of the above products (such services, if offered to be provided by ePIC, are only offered with the purchase of products from ePIC and are not otherwise offered by ePIC).

The Terms and Conditions set forth herein will apply to the purchase of any of the above products or services.
For more information about any of these products or services please visit: https://epicblockchain.io/product/ (the “Site”).

 

HOW TO ORDER A PRODUCT
Any of the above products and services (if applicable) can be purchased from ePIC. To do so, you will need to provide us with your name, email address and a description of the product(s) and service (if applicable) that you would like to purchase from us. After placing an order, you will receive an order receipt confirmation email from us acknowledging that we have received your order. Please note that this email does not mean that your order has been accepted or confirmed. Your order constitutes an offer to us to purchase your selected ePIC products and services (if applicable).

 

After receiving your full payment, in accordance with the PAYMENT TERMS section below, we will send a payment receipt email notifying you of the receipt of your payments. We reserve the right to cancel your order if we fail to receive your payments in the period specified by us and communicated to you.

 

All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a shipping confirmation email confirming the shipment of your order.

 

Your order will only be accepted by us and a contract will only be formed with us when we send you the shipping confirmation. The contract will relate only to those services (if applicable) as specified and confirmed in the shipping confirmation and those products whose shipment we have confirmed in the shipping confirmation. We will not be obliged to supply any other products or services which may have been part of your order but are not included in the shipping confirmation. We reserve the right to cancel your order at any time before we have accepted the order and shipped the products that your order pertains to if:

 

(1) there has been an obvious error in price;
(2) it is possible that the product cannot be shipped to the designated address due to laws and regulations, including the change of custom’s policy or import control of a certain country or other Force Majeure event; or
(3) the product is no longer in our or our third party fulfillment provider’s inventory.

 

We may use sales agents in respect of soliciting offers for our products and services (if applicable) and such agents may be paid a commission based on the sale of our products and services.

 

PLEASE DO NOT PLACE YOUR ORDER WITH ANYONE OR ANYBODY CLAIMING TO BE AN OFFICIAL REPRESENTATIVE OF US OVER EMAIL OR SKYPE OR ANY WEBSITE OTHER THAN THE SITE. IT CAN BE A SCAM AND YOUR CONFIRMED ORDER MAY NEVER BE DELIVERED IN SUCH CASES. WE ARE NOT BOUND BY SUCH ORDER, WE WILL NOT BE RESPONSIBLE TO OFFER ANY KIND OF COMPENSATION IN SUCH CASES, AND WE WILL NOT BE LIABLE FOR ANY AND ALL LOSSES OR DAMAGES ARISING OUT OF SUCH CASES.
PRICES, PAYMENT AND AVAILABILITY OF PRODUCTS

 
Prices and availability of products and services listed on the Site (if any) are subject to change without notice. Errors will be corrected when discovered but we are not responsible for pricing, typographical, or other errors. Despite our best efforts, any products or services (and related specifications and information) listed on our Site may be outdated.

 

All prices of ePIC products or services are stated in United States dollars. The payments for product or service orders are accepted either through credit card (Stripe payment processor), the Tether (“USDT-ERC20”) payment network or via wire transfer in USD. In the event you choose to pay in USDT-ERC20, in order to facilitate the transaction, we will calculate the Tether amount for payment instructions according to our chosen exchange rate. Later changes to the exchange rate of USD/USDT or EUR/USDT have no effect on the amount to be paid for your placed order.

 
You acknowledge that products may be sold quickly and there may be a short time gap after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an order receipt confirmation or a payment receipt without penalty. On very rare occasions, you may receive a shipping confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

 

All purchases for products or services from ePIC are final.

 
You consent to receive sales invoices electronically. Electronic invoices will be sent via email.

 

PAYMENT TERMS
When we accept your order for a product and service (if applicable), we will send you a payment notice which will include our banking information (including our wire instructions), the currency that your payment to us must be made in and other relevant payment information (the “Payment Notice”). You will be required to pay a deposit equal to fifty percent (50%) of the total purchase price set out in the Payment Notice (the “Deposit”) of any product and/or service purchased from us within 5 days of receiving the Payment Notice. When your product is ready to be shipped, we will let you know via email (the “Notification Email”). The remainder of the purchase price must be received by us before the order is shipped. If we do not receive the remainder of the purchase price, your product will not be shipped and the Deposit will not be refunded. When we receive the final payment, we will send you a shipping confirmation with information on when and how your order will be shipped.

 

The Deposit is non-refundable except for the limited circumstances set out under “REFUNDS” below.

 

NOTICE TO PURCHASERS ON TAX AND CUSTOMS DUTIES
All prices for products and services (if applicable) sold by us and invoiced by us are without value added tax and customs duties. You are solely responsible to consult with your local tax advisors to determine compliance with tax laws and regulations in your jurisdiction and pay all the outstanding taxes and duties if applicable according to applicable local laws. You hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to indemnify and hold harmless us, our respective officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.

 

DELIVERY SERVICE
Delivery will only be arranged after the order is fully paid. Delivery service is provided by third parties such as DHL and will be subject to the terms and conditions of such third parties. We will only be responsible for delivering the products you order to a predetermined location provided to us by the third party delivery service provider (and stated on your shipping confirmation) and you will be responsible for paying all shipping fees and expenses. Please note, any delivery time period is just an estimate, and they are not guaranteed delivery times and should not be relied upon as such.

 
Subject to the limitations stated below, shipping of the products shall be CIP (carriage and insurance paid to in accordance with the definition in Incoterms 2010) to the designated location. You shall obtain in due time, any and all approvals, permits, authorizations, licenses and clearances required by the applicable laws for the import of the products to the country where the designated location is, and shall be responsible for any and all additional expenses, fees and charges in relation to such import.

 

Upon delivery of the products to the third party carrier, the title and the risk of damage and loss of the products shall be transferred to you.

 

UNDELIVERABLE PARCELS
Occasionally parcels are returned to us as undeliverable. We will re-dispatch your order, where possible, but any and all charges and expenses for re-dispatch (“Return Expense”) shall be borne by you. If you would like to ask for our assistance in redelivering such product(s) or assist in any other manner, and if we, in our sole discretion decide to provide this assistance, then in addition to the Return Expense, you shall also pay an administrative fee of 20% of the total purchase price payable by you for any such order. Additional shipping charges might occur if the package could not be delivered to the address you provided in your order, and you shall bear all such additional charges and expenses.

 

FAILURE TO DELIVER
If we have issued a shipping confirmation and the order it pertains to has not been delivered in accordance with the shipping confirmation, you may provide us with a written request for information. If we have not delivered the products to the carrier within 60 days after receipt of such written request, you may cancel the order and we will refund your purchase price less an administration fee of 20% of such purchase price.

 

REFUNDS
In the event, we are unable to ship your order more than 60 days after the promised date, we will refund your order if you would like us to do so. In the event that we cannot repair or replace your product within the warranty period and you have not violated the Warranty Limitations (set out below), we will refund you a portion of the purchase price (excluding shipping).

Unrepairable products outside the Warranty Period (as hereinafter defined) do not qualify for any refunds. For clarity, we do not provide refunds on products except: (i) if we are unable to ship your order; (ii) we cannot repair or replace your product within the Warranty Period in accordance with these Terms and Conditions; or (iii) your order is cancelled in accordance with the terms of these Terms and Conditions.

 

WARRANTY
We warrant that our products will be free from defects in materials and workmanship under regular use as defined in user manuals during the Warranty Period. The warranty period is 6 months and commences on the date the product is delivered to the carrier (the “Warranty Period”).

 

If a warranty service is provided, we further warrant the replaced product and/or its parts or components to be free from defects in material and workmanship for the remainder, if any, of your original Warranty Period.

 

You agree that the repair or replacement of a product during the Warranty Period is the sole and exclusive remedy for any defective product.

 

This warranty is non-transferable and is enforceable only by the original purchaser. Any product that has not been purchased as new from us, our authorized vendor and/or its associates or has been provided by us as part of a service, is expressly excluded from this warranty. This warranty does not apply to products that are obtained as a result of the purchase of a product not sold by us.

 

We reserve the right to make changes or improvements in design, firmware or manufacturing without assuming any obligation to change or improve products previously manufactured and/or sold.

 

WARRANTY LIMITATIONS
We offer no warranty for pre-installed software, third party software or any component of any software that is not specifically supplied by us including but not limited to third party machines using ePIC products (“Warranty Excluded Products”). We do not warrant the quality, performance, functionality, or compatibility for a particular purpose of Warranty Excluded Products. We do not warrant that the functions contained in the software of Warranty Excluded Products will meet specific requirements or that the operation of the software will be uninterrupted or error-free. Any such software is sold “as is”.

To the greatest extent permitted by applicable law, this warranty does not apply to:

  1. normal wear and tear;
  2. damage resulting from accident, abuse, misuse, neglect, improper handling, improper maintenance or improper installation;
  3. damage or loss of the product caused by undue physical or electrical stress, including but not limited to moisture, environmental debris, corrosive environments, high voltage surges, extreme temperatures, shipping, or abnormal working conditions;
  4. damage or loss of the product caused by acts of nature including, but not limited to, floods, storms, fires, and earthquakes; damage caused by operator error, or non-compliance with instructions as set out in accompanying documentation;
  5. alterations by persons other than us, our associated partners or service providers that we specifically authorize;
  6. products, on which the original software has been replaced or modified by persons other than us, our associated partners or authorized service facilities;
  7. counterfeit products;
    damage or loss of data due to interoperability with current and/or future versions of operating system, software and/or hardware;
  8. damage or loss of data caused by improper usage and behavior which is not recommended and/or permitted in the product documentation;
  9. failure of the product caused by usage of the products not supplied by us;
  10. hash boards or chips are burnt.

This warranty gives you specific legal rights. You may also have other rights granted by law which vary from country to country. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.

 

WARRANTY SERVICE
During the Warranty Period, we will undertake to repair, or based on our sole discretion, to replace a defective part/component of the product or a defective product by an identical or similar (e.g. newer) version of the part/component of the product or the product, unless the defect falls under the warranty limitations (set out above). The repair of the product during the Warranty Period is free of charge for the parts, components and labor necessary in order to perform the repair and restore the product’s proper operating condition, provided the unit is returned otherwise undamaged and shipping prepaid, including insurance, to our service processing facility.

The costs incurred in connection with the returning of the product, part, or component to our service processing facility shall be borne by you. If the product, part, or component is returned uninsured, you assume all risks of loss or damage during shipment.

 

To access the warranty service:

  1. Please contact support@epicblockchain.io with a description of the warranty issue and any supporting documentation and pictures.
  2. If we determine that the repairs or service required is covered by our warranty, we will issue a Return Manufacturer Authorization (“RMA”) and instructions on how to return your product for service. Upon issuance of the RMA, we will request and you will provide a USD$100 deposit for all return shipping costs to process your warranty service. If the return shipping cost is less than USD$100, the remainder of the deposit will be transferred back to you. If the return shipping cost is more than USD$100, an invoice with the total return shipping fees will be sent to you and you will pay for such additional costs (over USD$100) before the product will be returned back to you.
  3. ePIC reserves the right to repair or replace your product with another of similar condition in its sole discretion.
  4. The warranty on any repairs or service will be the reminder of your original Warranty Period.

Payments under this section will be made in accordance with the PRICES, PAYMENT AND AVAILABILITY OF PRODUCT section above.

 

THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.

 

THIRD PARTY TERMS AND CONDITIONS
ePIC products or services may be integrated with, or otherwise interact with, third party products, systems, applications, services, machines or other devices (“Third Party Products”). Your use of such Third Party Products may be subject to additional terms, conditions, and polices provided to you by the applicable third party (“Third Party Terms and Conditions”). ePIC makes no guarantee that our products or services will be compatible with Third Party Products or that your use of our products or services will not violate Third Party Terms and Conditions. You use ePIC products or services at your own sole risk. To the fullest extent permitted by law, ePIC disclaims any liability for any violation of any Third Party Terms and Conditions of any kind, whether express or implied, including but not limited to any third party warranties or financing terms that may be violated as a result of your use of ePIC products or services.

 

PROPRIETARY RIGHTS
All rights, title, and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets, and tradenames) in our products, materials and processes shall belong solely and exclusively to us (or are licensed to us), and you shall have no rights whatsoever in any of the intellectual property, except as expressly granted in these Terms and Conditions.

 

NO VIOLATION OF PROPRIETARY RIGHTS
Without our express written consent, in no event shall you violate, misappropriate or infringe on our intellectual property rights. In addition, as part of the conditions of the sale of products and services to you that you will not engage in any of the following:

(a) the sale, distribution, assignment, lease or otherwise transfer of any of our products to third parties;
(b) permitting any third party to use or access our products other than your authorized personal;
(c) reverse engineering, modifying, adapting, translating, or creating any derivative work based on all or any part of our products or services; and
(d) using our products in violation of any applicable law.

 

LIMITATIONS OF LIABILITY
To the greatest extent permitted under applicable law, you acknowledge and agree that none of us, our affiliates or our respective directors, officers, employees and agents, under any circumstances, will be liable for any direct, indirect, incidental, special, exemplary or consequential loss or damages (including but not limited to loss of goodwill, loss of business, loss of anticipated profits, loss of revenue, loss of contract, or loss of business opportunity even if we are expressly advised of the possibility of such damages) of any kind.

To the greatest extent permitted under applicable law, you acknowledge and agree that none of us, our directors, officers, employees, licensors and agents, under any circumstances, will be liable for any direct, indirect, incidental, special, exemplary or consequential loss or damages (including but not limited to loss of goodwill, loss of business, loss of anticipated profits, loss of revenue, loss of contract, or loss of business opportunity even if we are expressly advised of the possibility of such damages) of any kind, regardless of the cause of action or the theory of liability or the foreseeability of such damages, whether in contract, tort (including negligence, willful misconduct, gross negligence, fundamental breach, breach of a fundamental term), strict liability or otherwise.

You assume the risk when purchasing our products or services for a commercial or business use or application.

 

REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) You are not the target of economic sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury or Singapore (“Sanctions”), including by being listed on the Specially Designated Nationals and Blocked Persons (SDN) List maintained by OFAC or any other Sanctions list maintained by one of the foregoing governmental authorities, directly or indirectly owned or controlled by one or more SDNs or other Persons included on any other Sanctions list, or located, organized or resident in a country or territory that is the target of Sanctions;
(b) The purchase of our products or services will not violate any Sanctions or import and export control related laws and regulations.
(c) You agree that you will not sell, ship, or otherwise transfer any products purchased from or supplied by us to any countries or territories that is the target of Sanctions.
(d) All information provided by you is and shall be true and correct, and the information does not contain and will not contain any statement that is false or misleading.

 

INDEMNITY
To the greatest extent permitted under applicable law, you will defend, indemnify, and hold harmless us and each of our respective employees, officers, directors, and representatives from and against any and all claims, demand, liabilities, losses, damages, action, proceedings, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from or in connection with (i) any inaccurate representation and warranty set out above, (ii) your violation of these Terms and Conditions; (iii) any breach by you of applicable laws; and (iv) your infringement of any intellectual property or other right of any third party including any Third Party Terms and Conditions.

 

PERSONAL DATA
All information, including personally identifiable information that you provide to purchase products or services and otherwise for purposes of these Terms and Conditions, is subject to the Privacy Policy. The Privacy Policy, which can be accessed by clicking the link below, is hereby incorporated into and forms part of these Terms and Conditions.
Privacy Policy: https://epicblockchain.io/privacy/

 

FORCE MAJEURE
We will not be liable for any delay or failure to perform any obligation where the delay or failure results from any cause beyond our reasonable control, including, but not limited to, acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, epidemics or pandemics (and related governmental or public health mandates), acts or orders of government, acts of terrorism, pandemics or war.

 

GENERAL
You agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us. Should you in any manner have violated or threatened to violate our, or any of our respective affiliates’, subsidiaries’, or associates’ intellectual property rights, we or any of our affiliates, subsidiaries, or associates may seek injunctive or other appropriate relief in any court or arbitration center of our choice, and you are hereby deemed to consent to the granting of such relief without the need to provide proof of damages. You consent to exclusive jurisdiction and venue in such courts or arbitration center.

In the performance of your obligations under these Terms and Conditions, you agree that you will fully comply with all applicable local, provincial, national, local, international and state laws and regulations.

Notwithstanding the generality of the foregoing, you undertake that you will fully comply with all applicable laws in relation to import control and sanction, including but not limited to the Regulation of Imports and Exports Act, the Customs Act, the Strategic Goods (Control) Act, the International Traffic in Arms Regulations, the Wassenaar Arrangement Lists of Dual use Goods and Technologies and Munitions Lists, the consolidated list of persons, groups and entities subject to EU financial sanctions (CFSP), Consolidated List of Financial Sanctions Targets in the U.K. (BOE), Specially Designated Nationals and Blocked Persons List (SDN), and the U.S. EAR for control reasons other than anti-terrorism.

 

You acknowledge and agree that the products are subject to the export control laws and regulations of all related countries, including but not limited to the Export Administration Regulations (“EAR”) of the United States, and sanctions regulations of the U.S. Department of Treasury, Office of Foreign Asset Controls and that you will comply with these laws and regulations. Without limiting the foregoing, you shall not, without receiving the proper license or license exception from all related governmental authorities, including but not limited to the U.S. Bureau of Industry and Security, (1) distribute, re-distribute, export, re- export, or transfer any product(s) subject to these Terms and Conditions either directly or indirectly, to any national of any country identified in Country Groups D:1 or E:1 as defined in the EARs. In addition, the product(s) of these Terms and Conditions may not be exported, re-exported, or transferred to (a) any person or entity listed on the “Entity List”, “Denied Persons List” or the list of “Specifically Designated Nationals and Blocked Persons” as such lists are maintained by the U.S. Government, or (b) an end-user engaged in activities related to weapons of mass destruction. Such activities include but are not necessarily limited to activities related to: (1) the design, development, production, or use of nuclear materials, nuclear facilities, or nuclear weapons; (2) the design, development, production, or use of missiles or support of missiles projects; and (3) the design, development, production, or use of chemical or biological weapons. You further agree that you will not do any of the foregoing in breach of any restriction, law, or regulation of the European Union or an individual Member states of the European Union that imposes on an exporter a burden equivalent to or greater than that imposed by the U.S. Bureau of Industry and Security.

 
You warrant that any product(s) or service(s) purchased from us have been purchased with funds which are from legitimate sources and which do not constitute the proceeds of criminal conduct, or realizable property, or the proceeds of terrorism financing or property of terrorists, pursuant to anti-money laundering or proceeds of crime legislation including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and/or the Criminal Code (Canada).

 

To the extent any provision of these Terms and Conditions, including without limitation, any disclaimers set forth here, are deemed to be unenforceable as a matter of law, all remaining provisions of these Terms and Conditions shall remain in effect as written.

 

We shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on the part of us in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.