Legal

At Epic Safety, we are committed to providing our customers with exceptional service.  As providing this service involves the collection, use and disclosure of some personal information about our customers protecting their personal information is one of our highest priorities.

While we have always respected our customers’ privacy and safeguarded their personal information, we have strengthened our commitment to protecting personal information as a result of British Columbia’s Personal Information Protection Act (PIPA).  PIPA, which came into effect on January 1, 2004, sets out the ground rules for how B.C. businesses and not-for-profit organizations may collect, use and disclose personal information.

We will inform our customers of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.

This Personal Information Protection Policy, in compliance with PIPA, outlines the principles and practices we will follow in protecting customers’ personal information.  Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our customers’ personal information and allowing our customers to request access to, and correction of, their personal information.

Definitions

Personal Information – Information about an identifiable individual Personal information does not include contact information (described below).

Contact information – Information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number.  Contact information is not covered by this policy or PIPA.

Privacy Officer – The individual designated responsibility for ensuring that Epic Safety complies with this policy and PIPA.

Policy 1 – Collecting Personal Information

1.1  Unless the purposes for collecting personal information are obvious and the customer voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.

1.2  We will only collect customer information that is necessary to fulfill the following purposes:

  • To verify identity;
  • To identify customer preferences;
  • To open and manage an account;
  • To deliver requested products and services;
  • To ensure a high standard of service to our customers;
  • To meet regulatory requirements.

Policy 2 – Consent

2.1  We will obtain customer consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent).

2.2  Consent can be provided orally, in writing, electronically, or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the customer voluntarily provides personal information for that purpose.

2.3  Consent may also be implied where a customer is given notice and a reasonable opportunity to opt-out of his or her personal information being used for mail-outs, the marketing of new services or products and the customer does not opt-out.

2.4  Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), customers can withhold or withdraw their consent for Epic Safety to use their personal information in certain ways.  A customer’s decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product.  If so, we will explain the situation to assist the customer in making the decision.

2.5  We may collect, use or disclose personal information without the customer’s knowledge or consent in the following limited circumstances:

  • When the collection, use or disclosure of personal information is permitted or required by law;
  • In an emergency that threatens an individual’s life, health, or personal security;
  • When the personal information is available from a public source (e.g., a telephone directory);
  • When we require legal advice from a lawyer;
  • For the purposes of collecting a debt;
  • To protect ourselves from fraud;
  • To investigate an anticipated breach of an agreement or a contravention of law.

Policy 3 – Using and Disclosing Personal Information

3.1  We will only use or disclose customer personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as:

  • To conduct client, customer, member surveys in order to enhance the provision of our services;
  • To contact our customers directly about products and services that may be of interest

3.2  We will not use or disclose customer personal information for any additional purpose unless we obtain consent to do so.

3.3  We will not sell customer lists or personal information to other parties.

Policy 4 – Retaining Personal Information

4.1  If we use customer personal information to make a decision that directly affects the customer we will retain that personal information for at least one year so that the customer has a reasonable opportunity to request access to it.

4.2  Subject to policy 4.1, we will retain customer personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.

Policy 5 – Ensuring Accuracy of Personal Information

5.1  We will make reasonable efforts to ensure that customer personal information is accurate and complete where it may be used to make a decision about the customer or disclosed to another organization.

5.2  Customers may request correction to their personal information in order to ensure its accuracy and completeness.  A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought.

5.3  If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year.  If the correction is not made, we will note the customers’correction request in the file.

Policy 6 – Securing Personal Information

6.1  We are committed to ensuring the security of customer personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.

6.2  The following security measures will be followed to ensure that customer personal information is appropriately protected:

  • Physically securing offices where personal information is held;
  • The use of user IDs, passwords, encryption, firewalls;
  • Restricting employee access to personal information as appropriate (i.e., only those that need to know will have access);
  • Contractually requiring any service providers to provide comparable security measures.

6.3  We will use appropriate security measures when destroying customer’s personal information such as:

  • Shredding documents;
  • Deleting electronically stored information.

6.4  We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.

Policy 7 – Providing Customers Access to Personal Information

7.1  Customers have a right to access their personal information, subject to limited exceptions.

7.2  A request to access personal information must be made in writing or email and provide sufficient detail to identify the personal information being sought.

7.3  Upon request, we will also tell customers how we use their personal information and to whom it has been disclosed if applicable.

7.4  We will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request.

7.5  If a request is refused in full or in part, we will notify the customer in writing, providing the reasons for refusal and the recourse available to the customer.

Policy 8 – Questions and Complaints:  The Role of the Privacy Officer or designated individual

8.1  The Privacy Officer is responsible for ensuring Epic’s compliance with this policy and thePersonal Information Protection Act.

8.2  Customers should direct any complaints, concerns or questions regarding Epic’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the customer may also write to the Information and Privacy Commissioner of British Columbia.

Contact information for Epic’s Privacy Officer:

[email protected]

If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this website and therefore should cease using this website immediately.

You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions as modified by the posted changes.

Material may not be copied, reproduced, downloaded, posted or transmitted in any way except for your own personal non-commercial home use, without the prior written permission of EPIC Safety You agree not to adapt, alter or create a derivative work from any of the material contained in this site or use it for any other purpose other than for your personal non-commercial use.

You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of others. Such restriction or inhibition includes, without limitation, conduct which is unlawful or may cause distress or inconvenience to any person, including the transmission of obscene or offensive content.

This site and the information, names, images, pictures, logos and icons relating to EPIC Safety, its products and services (or to any third party’s products and services), is provided without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

In no event will EPIC Safety be liable for any damages including, without limitation, direct, special, indirect or consequential, or any damages arising from use or loss of use, loss of data, or loss of profits, whether contract, tort (including negligence), arising out of or in connection with the use of this site. EPIC Safety does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.

The names, images and logos identifying EPIC Safety or third parties and their products and services are proprietary marks of EPIC Safety and/or third parties. Nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any intellectual property right of EPIC Safety or any other third party.

Where you are invited to submit any contribution to this site (including without limitation any text, graphics, video or audio) you are required by such submission to grant EPIC Safety a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in EPIC Safety’s Privacy Policy.

If you do not wish to grant such rights, it is suggested that you do not submit your contribution to this site.

By submitting your contribution to this site, you also:

Warrant that such contribution is your own original work and that you have the right to make it available to EPIC Safety for all the purposes specified above; Indemnify EPIC Safety against all legal fees, damages and other expenses that may be incurred by EPIC Safety as a result of your breach of the above warrant; and Agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the EPIC Safety site and the other purposes specified above.

If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on this site relating to specific material then the latter shall prevail.

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Canada. All disputes shall be subject to the exclusive jurisdiction of the courts of Canada.

Subject to the limitations set forth herein, Epic Safety Inc. (Epic) warrants that the Products sold by it to its authorized Distributors shall be free, under normal use and service, from defects in material and workmanship for a period of twelve months (12) months from the date of purchase. The Products manufactured and sold by Epic are date stamped at the time of production. Epic does not warrant Products that do not have a serial number and a manufacturing date. This warranty shall be void if a Product is altered, serviced or repaired by anyone other than Epic or its authorized Distributors. This warranty shall also be void if there is a failure to maintain the Products and the systems in which they operate in proper working conditions.

During the warranty periods, Epic shall, at its option, repair or replace any defective product upon return of the product to its factory, at no charge for labor and materials. Any replacement and/or repaired parts are warranted for the remainder of the original warranty or ninety (90) days, whichever is longer. The original purchaser must promptly notify Epic that there is a defect, in material or workmanship, such written notice to be received in all events prior to expiration of the warranty period. The Customer assumes all responsibility for the proper selection, installation, operation and maintenance of any products purchased from Epic. Custom products are only warranted to the extent that they do not function upon delivery. In such cases, Epic can repair, replace or credit as its option.

This warranty is for the original owner only and is therefore non-transferable, non-assignable and is voided when the Warranted Product is transferred to another party.

This warranty gives you specific legal rights and is only valid in the United States and Canada. You may also have other rights which vary from state to state or province to province.

EPIC MAKES NO FURTHER WARRANTIES, AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS, TRADEMARKS, PROGRAMS AND SERVICES RENDERED BY EPIC INCLUDING WITHOUT LIMITATION, INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.  EPIC SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR DEATH WHICH MAY ARISE IN THE COURSE OF, OR AS A RESULT OF, PERSONAL, COMMERCIAL OR INDUSTRIAL USES OF ITS PRODUCTS.

No increase or alteration, written or verbal, of the obligation of this warranty is authorized. Epic does not represent that its products will prevent any loss by fire or otherwise.

Limitations of Warranty

This limited warranty applies only to the original purchases of the Warranted Products from a Distributor; this warranty will not extend to any person that acquires a Warranted Product on a used basis. Epic shall replace or repair, at its sole discretion, each product returned by its authorized Distributor and acknowledged by Epic to be defective, provided that such product shall have been returned to Epic with all charges prepaid and the authorized Distributor has followed Epic’s Return Policy. The replacement product shall come from Epic’s stock and may be new or refurbished.

This limited warranty does not cover any defects, damage, deterioration or malfunction resulting from any alteration, modification, improper or unreasonable use, tampering or maintenance, misuse, abuse, accident, neglect, exposure to excess moisture, use not in accordance with the Warranted Product documentation, fire, improper packing, shipping and handling, (such claims must be presented to the carrier), lightning, power surges, or other acts of nature. This limited warranty does not cover any damage, deterioration or malfunction resulting from the installation or removal of this product from any installation, any unauthorized tampering with this product, or any other cause which does not relate directly to a defect in materials and/or workmanship of this product.

Without limiting any other exclusion herein, Epic does not warrant that the product covered hereby, including, without limitation, the technology and/or integrated circuit(s) included in the product, will not become obsolete or that such items are or will remain compatible with any other product or technology with which the product may be used.

 

Items Not Covered by Warranty

In addition to the items which void the Warranty, freight cost to the repair center shall not be covered by Warranty. Epic’s liability for failure to repair the product under this warranty after a reasonable number of attempts will be limited to a replacement of the product, as the exclusive remedy for breach of warranty.

In no event shall Epic be liable for indirect, incidental, special, exemplary, punitive, or consequential damages of any nature including, but not limited to, loss of profits, data, revenue, production, or use, business interruption, cost of substitute or replacement equipment, facilities or services, down time, purchaser’s time, the claims of third parties, including customers, and injury to property, or procurement of substitute goods or services arising out of or in connection with this limited warranty, or the use or performance of any product, whether based on contract or tort, including negligence, or any other legal theory, even if Epic has been advised of the possibility of such damages. Epic’s total aggregate liability for damages of any nature, regardless of form of action, shall in no event exceed the amount paid by you to Epic for the product upon which liability is based.

Some countries, districts, states or provinces do not allow the exclusion or limitation of relief, special, incidental, consequential or indirect damages, or the limitation of liability to specified amounts, so the above limitations or exclusions may not apply to you.

Epic reserves the right to unilaterally change its warranties at any time, in its sole discretion without prior notice. If material changes are made they will be posted here. Your continued use of the warranted product will signify your acceptance of these changes. If you do not accept material changes to the agreement, contact Epic to terminate this agreement.

Epic neither assumes responsibility for, nor authorizes any other person purporting to act on its behalf to modify or to change this warranty, nor to assume for it any other warranty or liability concerning this product.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPIC SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF EPIC CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN ALL IMPLIED WARRANTIES COVERING THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY TO THIS PRODUCT AS PROVIDED UNDER APPLICABLE LAW.

 

Warranty replacement or repair

All the warranty claims must be accompanied by a Return Merchandise Authorization (RMA) number which must be obtained before merchandise can be returned for any warranty replacement or repair. To request an RMA number, the customer can contact Epic’s Technical Support Center via telephone. The Technical Support Center will provide troubleshooting assistance and if they find the product to be defective, will issue an RMA number. The RMA number must be displayed on the outside packing of the returned item. Transportation charge, if any, incurred in connection with the return of a defective item to Epic shall be borne by the customer. Any collect shipments returned to Epic will be refused. Epic shall fix the goods without extra costs under warranty period.

Epic shall pay any transportation charge incurred with the redelivery of a repaired or replacement item or ship the warranty item with customer’s next order. If, however, Epic reasonably determines that the item can function, the customer shall pay all the transportation charges. If Epic determines, at its sole discretion, that the allegedly defective item is not covered by the terms of the warranty provided hereunder or that a warranty claim is made after the warranty period, the cost of repair by Epic, including all shipping fees, shall be paid by the customer.

Claim for damaged products or shortages when shipment arrived must be made by the customer immediately. If any goods are damaged on shipment arrival, it must be noted on the carrier’s waybill prior to signing. Failure to note the shortages or damages on the carrier’s waybill will result in the claim being denied. Epic will provide free replacement or credit note for the damaged products or product shortage claims.

THE FOREGOING IS CUSTOMER’S AND DISTRIBUTOR’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A WARRANTY CLAIM.

 

Out of Warranty Repairs

Epic will at its option repair or replace out-of-warranty products which are returned to its factory according to the following conditions: Anyone returning goods to Epic must first obtain a RMA. Epic will not accept any shipment whatsoever for which prior authorization has not been obtained. Products which Epic determines to be repairable will be repaired and returned. A set fee which Epic has predetermined and which may be revised from time to time, will be charged for each unit repaired. Products which Epic determines not to be repairable will be replaced by the nearest equivalent product available at that time. The current market price of the replacement product will be charged for each replacement unit.

All out-of-warranty repairs must be shipped back to Epic PREPAID. We will not accept any collect shipment returned to Epic for repair. Epic if possible, will repair the customer’s product and will charge the customer at its prevailing rates. Epic will arrange the return shipment at customer’s expense or ship with customer’s next order. Invoice for the repair and shipping cost will be sent to customer by email for payment prior to return of repaired product.