TERMS & CONDITIONS
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. Customers Website Registration and Account
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. Eligible Customers
2.1 By registering as a Customer You covenant, represent, and warrant that:
2.1.1 You have accepted and agree to be abide by these Terms;
2.1.2 You are at least 13 years of age. If, at the same time, You are under 18 years of age, You covenant, represent, and warrant that You have reviewed and discussed these Terms with your parent or legal guardian, and have obtained the consent of your parent or legal guardian (which consent will be provided to Epiccarry immediately upon request) to register as a Customer, to use the Website, and to order (purchase) the Services;
2.1.3 You meet all the eligibility criteria and residency requirements, and are fully able and legally competent to use the Website, enter into agreement with Epiccarry and in doing so will not violate any other agreement to which You are a party;
2.1.4 You are the legal owner of the funds you pay for Epiccarry Services and that the same funds derive from a legitimate and legal source;
2.1.5 using Services does not constitute a breach of your home jurisdictions’ laws;
2.1.6 You will not be involved in any illegal activities in the course of purchase of the Services, under the threat of blocking your Account in any case of identifying such violations;
2.1.7 You will provide correct, genuine and up-to-date information or documents and You will pass any requested verifications if we require any KYC-procedure (in particular to protect your Account) or if it is required for proper provision of the Services;
2.1.8 any personal details You provide are correct, genuine and up-to-date;
2.1.9 You are not located in, or a citizen or resident of any state, country or other jurisdiction that is under US and/or EU sanctions; a jurisdiction where it would be illegal according to local law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services; a jurisdiction where the publication or availability of the Services is prohibited or contrary to local law or regulation, or could subject Epiccarry to any local registration or licensing requirements (together, the “Prohibited Jurisdictions”). We may, in our sole discretion, implement controls to restrict access to the Services in any of the Prohibited Jurisdictions. If we determine that you are accessing the Services from any Prohibited Jurisdiction, or have given false representations as to your location of citizenship or place of residence, we reserve the right to close your Account immediately and terminate any outstanding orders of Services.
2.2 When accessing and using the Website, You must:
2.2.1 not attempt to undermine the security or integrity of Epiccarry computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
2.2.2 not use, or misuse, the Services in any way which may impair or alter the functionality of the Services or Website, or other systems used to deliver the Services or impair or alter the ability of any other user to use the Services or Website;
2.2.3 not attempt to gain unauthorized access to the computer system and servers on which the Website is hosted or to any materials other than those to which you have been given permission to access;
2.2.4 not transmit or input into the Website any files that may damage any other person’s computing devices or software; content that may be offensive; or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
2.2.5 not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
2.3 It is your responsibility entirely to provide us with correct personal details. We accept no liability resulting in You not receiving the Services due to You providing incorrect or out-of-date details. Epiccarry in such a case excludes all liability for any incorrect transactions, or any other such mistakes.
2.4 Epiccarry reserves the right at any time to verify Your identity for the purposes of complying with the any KYC/AML requirements. You agree to cooperate fully with us throughout the verification process and that You will provide all documentation/information that we may require in order to verify Your identity.
3. Services and Prices
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. Payments and Fees
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.
4.4 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. Refund Policy and Cancellations
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. Intellectual Property
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. Third Party Websites
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. Warranties and Representations
8.1 You acknowledge that:
8.1.1 You are authorized to access and use the Website; In particular, the jurisdiction where you reside, hold citizenship, or are located allows You to utilize Services;
8.1.2 You agree that the access to the Website or the Services is provided on an “as is” and “as available” basis and Your use of the Website and the Services is at Your own risk. You agree that to the maximum extent permitted by law Epiccarry is not liable for any damages or harms arising out of Your use of the Website and Services;
8.1.3 When you provide payment information to Epiccarry or to one of its Payment processors, you represent and warrant that you are the authorized user of such information, including, without limitation, the credit card, PIN, key, or associated account, and you lawfully authorize Epiccarry and the payment processors to charge you for your purchases or any other fees incurred by you;
8.1.4 Epiccarry does not warrant that the use of the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Website. Epiccarry is not in any way responsible for any such interference that prevents Your access or use of the Website and the Services. Epiccarry is not responsible for any losses, expenses, costs, or damages resulting from such interruptions, errors, or interferences;
8.1.5 Epiccarry gives no warranty about the Website and/or Services. Without limiting the foregoing, Epiccarry does not warrant that the Website and/or Services will meet Your requirements or that they will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded insofar as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement;
8.1.6 You do not intend to hinder, delay or defraud Epiccarry (as well as any other person related to the Website and/or Services) or engage in any illegal conduct and or unlawful activity in relation to money laundering, spending the proceeds of drug trafficking or terrorist activities, spending the proceeds of criminal activities or proceeds originating from such countries as might from time to time be subject to any sanctions imposed by US and/or EU;
8.1.7 Epiccarry denies all liability for the operation and reliability of the Website when used within an Internet environment, where you or a third party are providing the computer equipment and/or internet services upon which any part of the Website functionality is dependent;
8.1.8 By using the Website, You confirm that You understand that the timely operation of the Internet and the World Wide Web is governed by constraints beyond the control of Epiccarry. You accept that Epiccarry is not liable for any perceived slow operation or unavailability of the Website, or any damages or losses that could result from slow operation or unavailability of the Website;
8.1.9 By ordering (purchasing) of the Services You accept that except as indicated in section V all transactions are final and irreversible;
8.1.10 By ordering (purchasing) of the Services You accept that Epiccarry reserves the right to terminate any order at any time where there is a good cause of technical or legal nature;
8.1.11 You may be asked to share your gaming account credentials, including login and password, if it is required to provide the Services. When sharing your gaming account credentials You do so willingly and knowingly, accepting all risks that come with it;
8.1.12 Your gaming account is subject to terms, conditions and restrictions of the corresponding gaming provider. You are acknowledged with such terms, conditions and restrictions, and You understand and unconditionally accept all and any risks of modification/suspension/blocking/closing of your gaming account by the corresponding gaming provider, which risks may arise, directly or indirectly, from Your order of Epiccarry’s Services. Furthermore, You understand and agree that Epiccarry may not and shall not influence such decisions and/or actions made by a gaming provider, and in no case shall be held liable for any resulting losses;
8.1.13 It is our responsibility to maintain the Website and as such we may at our own discretion limit access to the Website due to maintenance operations or any other relevant events. We exclude all liability for any claimed losses or profits lost as a result of such our actions.
9. Disclaimer of Warranty and Limitation of Liability
9.1 To the fullest extent permitted by law:
9.1.1 In no event will Epiccarry, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, special, incidental, consequential or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the form of action, whether arising out of or relating to these Terms or based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if Epiccarry has been advised of the possibility of such damages and regardless of whether such damages were foreseeable);
9.1.2 In no event will aggregate liability of Epiccarry or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these Terms, exceed the amount of payments received from You.
9.2 In case of the Customer’s violation of these Terms, Epiccarry reserves the right to:
9.2.1 demand full compensation from the Customer for losses caused by every violation;
9.2.2 bring a case before a court if the compensation doesn’t cover Epiccarry’s loss;
9.2.3 release the information relating to the Customer identity and location to any authorized officer in accordance with applicable law.
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. Termination & Remedies for Breach of these Terms by You
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. Applicable Law and Dispute Resolution
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 UAE;
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 UAE in accordance with the law of UAE.
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.