TERMS & CONDITIONS

By accessing, viewing and using of this website, owned and operated by “DIGITAL GOLEMS LTD” with registered address 12 Mulberry Place, Pinnell Road, London, SE9 6AR, Company Number 13578420 (hereinafter referred to as “Epiccarry”, “We”) via address https://epiccarry.com/ (hereinafter referred to as “Website”) and by using or clicking “Buy”, “Purchase”, “Order” (or any similar item) in regard of the services (hereinafter referred to as “Services”) provided by Epiccarry through the Website, or by using of any other related services you acknowledge that you have read, understand, and unconditionally agree to be bound by these Terms of Use (hereinafter referred to as “Terms”).

Epiccarry may at any time, without notice, amend these Terms. You agree to continue to be bound by any amended terms and conditions and that Epiccarry may at any time, without notice, amend the Terms having no obligation to notify you of such amendments.

You acknowledge that it is your responsibility to periodically check these Terms for changes and that continued use of the Website and Services offered by Epiccarry following the posting of any changes to the Terms indicates your acceptance of any such changes. If you do not accept the Terms, do not access this Website and do not use the Services.

These Terms together with any other policies or guidelines posted on the Website and/or incorporated herein by a reference or a link constitute a legal and binding agreement between you (hereinafter referred to as “Customer”, “You”) and Epiccarry.

Subject to the terms and conditions of these Terms Epiccarry will provide via the Website such Services as Epiccarry may, in its sole discretion, determine from time to time. Unless expressly stated otherwise in writing, all agreements and other transactions entered into between Epiccarry and Customer shall be governed by these Terms, as amended from time to time.

1.1 For the purpose of proper use of the Website, You should register on the Website and create an account with Your respective login and password (hereinafter referred to as “Account”). You are given access to an Account following Your provision of all information required by Epiccarry and upon Your successful creation of an Account. You warrant that any and all information provided for the purpose of Your Account creation and/or any other Website use is valid, current, complete and accurate. Registration data and other information about You is subject to the Privacy Policy available on the Website.

1.2 You hereby expressly consent that You are solely responsible for the use of Your login and password for the Account, for any registration data provided for Account creation, and for any actions done during any use of Your Account. You agree to keep Your login information and password private and to immediately notify Epiccarry of any unauthorized Account activity. You are solely responsible for any loss or damage You or Epiccarry may suffer as a result of Your failure to do so. You may not transfer or sell your Account to any third party.

1.3 You may close Your Account with the Website at any time by sending respective request to Epiccarry.

1.4 By creating an Account, You also consent to receive electronic communications from Epiccarry (e.g., via email). These communications may include notices about Your Account (e.g., password changes and other transactional information) and are part of Your relationship with Epiccarry. You agree that any notices, agreements, disclosures or other communications that Epiccarry sends to You electronically will satisfy any legal communication requirements, including, but not limited to, that such communications shall be deemed in writing. Epiccarry may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information Epiccarry thinks will be of interest to You. You may opt out of receiving such promotional emails at any time by following the respective unsubscribe instructions.

2.1 By registering as a Customer You covenant, represent, and warrant that:

2.2 When accessing and using the Website, You must:

3.1 Epiccarry reserves the right, but is not obligated, to limit the sales of the Services to any Customer or geographical territory or jurisdiction. Epiccarry may exercise this right on a case-by-case basis. Epiccarry reserves the right to limit the quantities of any Services that are offered on the Website. All descriptions of Services are subject to change at any time without notice, at the sole discretion of Epiccarry. Epiccarry reserves the right to modify or discontinue any of the Services at any time.

3.2 Prices for the Services are subject to change without notice.

Epiccarry shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of any of the Services.

3.4 Notwithstanding the provisions of sections 1 and 2 above, prices and other material terms of the Services are not subject to change in the process of Services delivery.

3.5 Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to Services descriptions, pricing, promotions, offers, additional charges and availability. Epiccarry reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Your orders if any information on the Website in relation to the Services is inaccurate at any time without prior notice.

4.1 For the purpose of payment for the Services ordered on the Website, Customer can use various available payment methods. The list of available payment methods shall be solely defined by Epiccarry and indicated on the Website.

4.2 Epiccarry is entitled to use third-party payment service processors for sale of the Services. The respective third-party payment processors are primarily responsible for facilitating payment of Customer’s transactions. When You use any third-party payment processor (hereinafter referred to as “Payment processor”) to make a purchase of Services on the Website, responsibility over Your transaction will first be transferred to the respective Payment processor before it is delivered to You. The Payment processor assumes primary responsibility for payment and payment-related customer support. The terms between the Payment processor and You utilizing the services offered by the Payment processor are governed by separate agreements and are not subject to these Terms.

4.3 For transactions made through a Payment processor (i) the privacy policy of the respective Payment processor shall apply to all payments and should be reviewed before making any transaction, and (ii) the payment processor refund policy shall apply to all payments, unless notice is expressly provided by the relevant Payment processor to You in advance.

4.4 You are responsible for payment of any fees, taxes or other costs, associated with the conduction of transactions with Payment processors or the duties and taxes imposed by Your local authorities. You are solely responsible for any additional costs you incur when making purchases or accessing the Website, including but not limited to messaging, communication or data usage fees on an Internet provider’s or mobile network.

4.5 Any Customer executing payment through one of the Payment processors agrees thereby for the payment to be made through websites covering the payment systems and states that he/she has read and accepted the terms and conditions available on such websites. To the extent permitted by law, Epiccarry shall not be liable against the Customer for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the Customer shall contact the applicable Payment processor’s site in accordance with that website’s terms and conditions.

4.6 For the purpose of duly transactions performance on the Website the Customer may be required to provide their personal and payment processing data (such as name, surname, address, copies of ID cards or other identifying documents, residence place confirmation documents, credit card identification data) to the Payment processors, including the consent for processing these data by the payment services in order to carry out the requested transactions.

4.7 Epiccarry accepts no liability and specifically disclaims any implied warranty to complete any transaction which cannot be cleared by its Payment processors, whether because there are not sufficient funds available on Your credit card, issues related to identity or localization or otherwise. Epiccarry reserves its right to verify and approve any and all transactions made by You when ordering the Services to ensure that they comply with these Terms and the terms imposed on Epiccarry by third-party service providers. You expressly acknowledge and agree that such verifications may require You to provide Epiccarry with additional personal information in order to verify and confirm Your identity and to perform verifications aimed to deter fraud and misuse of the Website.

4.8 The payment transactions may be delayed while the Payment processor validates Your compliance with these Terms and other applicable policies. You agree not to initiate any claim and dispute procedure regarding payment while such validation is ongoing.

4.9 You expressly agree that Epiccarry or respective Payment processors are entitled to set forth the maximum daily transactions limitations on the Website due to regulatory issues.

5.1 If Epiccarry does not manage to complete your order within the specified time terms, you have the right to request a refund subject to provisions of section 3 below.

5.2 You have the right to cancel your order and ask for a full refund at any time before the start of provision of the Services.

5.3 You have the right to cancel your order after the start of provision of the Services and ask for a partial refund. In this case, the amount of the refund will be proportional to the volume of the unfinished Services (e.g.: if your ordered rank increase by 10 levels and decided to cancel the Service after 7 levels are fully gained, you will receive a partial refund for 3 levels left. Thus, the amount of the refund will be 30% of the initial payment).

6.1 The Website, the copyright in all software on the Website, all trademarks on the Website and all text, graphics, images and any other materials on the Website are entirely owned by Epiccarry or by their respective owners. Materials on this Website may only be used for personal use and non-commercial purposes.

6.2 You may digitally display or print extracts from the Website for the above-stated purpose, only under the condition that You retain any copyright and other proprietary notices or any trademarks or logos, as shown on the initial printout or download without digital or physical alteration, addition or deletion. Except as expressly stated herein, You may not without Epiccarry’s prior written permission alter, modify, reproduce, distribute or use in any commercial context any materials from the Website.

6.3 You acknowledge that the Epiccarry’s logos are trademarks. You may only use and/or reproduce such trademarks without physical or digital alteration on material downloaded from this Website to the extent authorized above, but You may not otherwise use, copy, adapt, change, or erase them.

6.4 You shall not under any circumstances obtain any rights over or in respect of the Website (other than rights to use the Website pursuant to these Terms and any other terms and conditions governing a particular Service or section of the Website) or hold yourself out as having any such rights over or in respect to the Website.

6.5 By submitting any content to the Website (including both private and public sections, blogs, message boards, and forums) you grant Epiccarry (including without limitation, its licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sub-license, communicate to the public, perform and display the content (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You agree that you will not claim and/or receive any compensation of any kind for your content or its use thereof. You also permit any third party to access, display, view, store and reproduce such content as indicated above. Epiccarry may, but has no obligation to, monitor, edit or remove content that is determined in Epiccarry’s sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any third party’s intellectual property or these Terms.

6.6 By submitting any content to the Website You warrant that You are entitled to and have all necessary intellectual property rights over that content. Furthermore, You acknowledge that your content will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further acknowledge that your content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any content. You are solely responsible for any content you submit and its accuracy. Epiccarry takes no responsibility and assumes no liability for any content submitted by you or any third party.

7.1 The Website may contain links to third-party websites that are not affiliated or associated with Epiccarry (although Epiccarrys’s branding, advertisements or links may appear on such websites) and Epiccarry may send e-mail messages to You containing advertisements or promotions including links to third-parties websites. Epiccarry makes no representation as to the quality, suitability, functionality or legality of the material on such third-party websites, or to any goods and services available from such websites. Such links are only provided for your interest and convenience. Epiccarry does not monitor or investigate such third-party websites and accepts no responsibility or liability for any loss arising from the content or accuracy of the content of such third-party websites, and any opinion expressed in the content of such third-party websites should not be taken as an endorsement, recommendation or opinion of Epiccarry.

7.2 Under no circumstances are you to create a hyperlink to any of the pages on the Website, without obtaining prior consent to do so from Epiccarry. If You do create a link to any of the pages on the Website, You acknowledge that You are responsible for all direct or indirect consequences of the link, and you indemnify Epiccarry for all loss, liability, costs, damages, or expense arising from or in connection with the link.

8.1 You acknowledge that:

9.1 To the fullest extent permitted by law:

9.2 In case of the Customer’s violation of these Terms, Epiccarry reserves the right to:

9.3 To the fullest extent permitted by law, Epiccarry’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited, to the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimed.

10.1 Epiccarry reserves the right at any time and at its own discretion to refuse (cancel) any of your orders for Services, especially those which in Epiccarry’s sole judgment, appear to be placed by dealers, resellers or distributors;

10.2 Epiccarry reserves the right at its own discretion to close Your Account with or without prior notice. If at the moment of Account closure there will be outstanding orders for Services, they will be terminated and paid amounts will be refunded subject to conditions of these Terms. All rights granted to You under these Terms will immediately cease upon Epiccarry’s closure of your Account;

10.3 Epiccarry may block any Account and/or freeze any order for Services in the event that Epiccarry suspects or has evidence that You are engaged in suspicious or illegal activity or have breached any of the above terms or warranties. Epiccarry expressly excludes any losses or profits You would have made as a result of us blocking your Account and/or freezing any order for Services and You agree to indemnify us completely against any third-party action resulting from Your conduct or us having to block your Account and/or freeze any order for Services. While Your Account is blocked Epiccarry will investigate and may require You to cooperate with our enquiries. During the investigation stage You may not be able to make orders for Services. At the end of the investigation we may, at our own discretion, decide to close Your Account for which we are not required to provide You with any reasons for the same;

10.4 You may choose to close your Account for any reason and at any time. If you choose to exercise this right, please inform Epiccarry that you wish to close your Account by sending the corresponding request. You understand that if you close your Account, you may no longer have access to information previously associated with your Account.

11.1 All questions concerning the construction, validity, enforcement and interpretation of these Terms shall be governed by and construed and enforced in accordance with the laws of Great Britain;

11.2 In case any issue arises out of or in relation to these Terms or the breach thereof, the parties agree first to negotiate such an issue in good faith for a period of not less than thirty (30) days following written notification of such controversy or claim to the other party;

11.3 If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all parties during such period, then the parties irrevocably and unconditionally submit to the respective claim to the competent court of Great Britain in accordance with the law of Great Britain.

12.1 Absence of Waiver. Any Epiccarry failure or delay to enforce any of the terms or to exercise any right under these Terms will not be construed as a waiver to any extent of our rights;

12.2 Indemnification. You agree to defend, indemnify, and hold harmless Epiccarry, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to the Website or your use of the Services;

12.3 Force-Majeure. You shall not have any claim of any nature whatsoever against Epiccarry for any its failure to carry out any of its obligations under these Terms as a result of causes beyond its control, including but not limited to any strike, lockout, shortage of labor or materials, delays in transport, hacker attacks on the Website or any resources which have any relation to Epiccarry, any economic instability, accidents of any kind, any default or delay by any sub-contractor or supplier of Epiccarry, riot, any political or civil disturbances, the elements, by an act of state or government including regulatory action imposed, any delay in securing any permit, consent or approval required by Epiccarry for the supply of Services under these Terms or any other authority or any other cause whatsoever beyond Epiccarry’s absolute and direct control;

12.4 Severability. If any term, provision, covenant or restriction of these Terms is held by a competent court to be invalid, illegal, void or unenforceable, the remainder of these Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of these Terms without including any of such that may be hereafter declared invalid, illegal, void or unenforceable;

12.5 Communication. Any communication concerning these Terms execution and/or violation should be conducted only via Your email and through Epiccarry’s contact form on the Website. Your official email for communication shall be deemed the email specified by You during the Account registration process. The one and only language of the communication shall be English. Epiccarry may provide any notice to You under these Terms by: (i) posting a notice on the Website; or (ii) sending an email to the email address then associated with Your Account. Notices Epiccarry provides by posting on the Website will be effective upon posting, and notices Epiccarry provides by email will be effective when such email is sent. It is Your responsibility to keep Your email address current. You will be deemed to have received any email sent to the email address then associated with Your Account when Epiccarry sends such email, whether or not You actually receive or read the email;

12.6 Assignment. Except as otherwise provided, these Terms and the rights and obligations of the parties hereunder will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives. Epiccarry may assign any of its rights and obligations under these Terms. No other party to these Terms may assign, whether voluntarily or by operation of law, any of its rights and obligations under these Terms, except with the prior written consent of Epiccarry.