Epiphany Group Global Outsourcing Information Technology Organisational Resilience Project Services
Home › Company Information

Epiphany Terms of Service

Welcome to Epiphany! By using Epiphany’s products, software, services or web sites ("Epiphany services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://epiphany-outsourcing.com/Company-Information/Terms-of-Service.

  1. Use Of Services
  2. Epiphany Global, its subsidiaries and affiliated companies, including your domain administrator ("Epiphany") offer Epiphany services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Epiphany services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Epiphany of any unauthorized use of your password or account or any other breach of security. Epiphany cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

  3. Appropriate Conduct
  4. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Epiphany reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via Epiphany services. You understand that by using Epiphany services you may be exposed to Content that is offensive, indecent or objectionable, and that you use Epiphany services at your own risk.

    You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Epiphany services and for any consequences thereof. You agree to use Epiphany services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Epiphany services or servers or networks connected to Epiphany services.

    In addition to this agreement, your use of some specific Epiphany services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.

    You agree to comply with your company's data usage and privacy policies.

    Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.

  5. Epiphany Privacy Policy
  6. For information about our data protection practices, please see our Privacy Policy. By using Epiphany services, you acknowledge and agree that Epiphany may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Epiphany, its users or the public as required or permitted by law.

    You understand that the technical processing and transmission of Epiphany services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.

    You also understand and agree that your domain administrator may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account.

  7. Proprietary Rights
  8. Epiphany's Rights

    You acknowledge and agree that Epiphany services and any necessary software used in connection with Epiphany services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Epiphany services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Epiphany or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Epiphany services or Software, in whole or in part except as specifically authorized in a separate written agreement.

    Subject to the Terms, Epiphany grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Epiphany in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Epiphany services. You agree not to access Epiphany services by any means other than through the interface that is provided by Epiphany for use in accessing Epiphany services except as specifically authorized in a separate written agreement.

    Except as expressly authorized by Epiphany you agree not to use, copy, imitiate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Epiphany's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Epiphany services or Software.

    Your Rights

    Epiphany claims no ownership or control over any Content submitted, posted or displayed by you on or through Epiphany services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Epiphany services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Epiphany services which are intended to be available to the members of the public, you grant Epiphany a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on Epiphany services for the purpose of displaying, distributing and promoting Epiphany services. Epiphany reserves the right to syndicate Content submitted, posted or displayed by you on or through Epiphany services and use that Content in connection with any service offered by Epiphany. Epiphany furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

    You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

  9. Software And Automatic Updates
  10. Your use of any Software provided by Epiphany will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. Epiphany Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop Epiphany services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

  11. Policies Regarding Copyright And Trademarks
  12. It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law and to terminating the accounts of repeat infringers.

    For information regarding our trademark complaint procedure, please go to Trademarks. Any use of Epiphany's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms and in compliance with Epiphany's Brand Feature use guidelines at Trademarks.

  13. General Practices Regarding Use And Storage
  14. You agree that Epiphany has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Epiphany services. You acknowledge that Epiphany may have set no fixed upper limit on the number of transmissions you may send or receive through Epiphany services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

    Upon the termination of your use of Epiphany services, including upon receipt of a certificate or other legal document confirming your death, Epiphany will close your account and you will no longer be able to retrieve content contained in that account.

  15. Personal Non-Commercial Use
  16. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Epiphany services, use of Epiphany services, or access to Epiphany services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.

  17. Modifications To Service
  18. Epiphany reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Epiphany services (or any part thereof) with or without notice. You agree that Epiphany shall not be liable to you or to any third party for any modification, suspension or discontinuance of Epiphany services.

  19. Termination
  20. You may discontinue your use of Epiphany services at any time. You agree that Epiphany may at any time and for any reason, including a period of account inactivity, terminate your access to Epiphany services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Epiphany services, your account or any files or other content contained in your account. Sections 10 (Termination), 13 (Indemnity), 14 (Disclaimer of Warranties), 15 (Limitations of Liability), 16 (Exclusions and Limitations) and 19 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.

  21. Advertisements
  22. Some Epiphany services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Epiphany services, queries made through Epiphany services or other information. The manner, mode and extent of advertising by Epiphany on its services are subject to change. As consideration for your use of Epiphany services, you agree that Epiphany may place such advertising and that Epiphany shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Epiphany services or your subsequent dealings with advertisers.

  23. Links
  24. Epiphany services may provide, or third parties may provide, links to other World Wide Web sites or resources. Epiphany may have no control over such sites and resources and you acknowledge and agree that Epiphany is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Epiphany shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  25. Indemnity
  26. You agree to hold harmless and indemnify Epiphany, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Epiphany and Partners") from and against any third party claim arising from or in any way related to your use of Epiphany services, violation of the Terms or any other actions connected with use of Epiphany services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Epiphany will provide you with written notice of such claim, suit or action.

  27. Disclaimer Of Warranties
  28. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF EPIPHANY SERVICES IS AT YOUR SOLE RISK. EPIPHANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPIPHANY AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. EPIPHANY AND PARTNERS DO NOT WARRANT THAT (i) EPIPHANY SERVICES WILL MEET YOUR REQUIREMENTS, (ii) EPIPHANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EPIPHANY SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH EPIPHANY SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EPIPHANY SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EPIPHANY OR THROUGH OR FROM EPIPHANY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

  29. Limitation Of Liability
  30. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EPIPHANY AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EPIPHANY OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE EPIPHANY SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM EPIPHANY SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON EPIPHANY SERVICES; OR (v) ANY OTHER MATTER RELATING TO EPIPHANY SERVICES.

  31. Exclusions And Limitations
  32. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  33. No Third Party Beneficiaries
  34. You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

  35. Notice
  36. You agree that Epiphany may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Epiphany services.

  37. General Information
  38. Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Epiphany and govern your use of Epiphany services, superceding any prior agreements between you and Epiphany for the use of Epiphany services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Epiphany services, affiliate services, third-party content or third-party software.

    Choice of Law and Forum. The Terms and the relationship between you and Epiphany shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Epiphany agree to submit to the personal and exclusive jurisdiction of the courts located within in Delaware.

    Waiver and Severability of Terms. The failure of Epiphany to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Epiphany services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms are for convenience only and have no legal or contractual effect.

For questions about this Terms of Service document, please contact us:

  • Write:
    • Information Requests
      Epiphany Global
      Unit 1100
      88 Corporate Center
      141 Valero St, Salcedo
      Makati City 1227
      Philippines
  • Email: policy@epiphany-global.com
  • Tel: +44-808-168-0880, ext. 40003


Learn More about Epiphany






In The News

Selected as software partner for United Nations, World Bank, Sudan. — more…


Appointed to support 25 year, £900 million Isle of Wight highways replacement. — more…


Appointed advisors for a £1 billion, EU waste treatment programme. — more…


Epiphany presents at BS25999 launch in London. — more…


Speaks at Business Continuity Seminar in association with London Counter Terrorism Police. — more…


Delivers high profile sponsors: Hitachi, Reebok, and Emmerson, with £750,000 in media coverage. — more…


Presents Integrated Resilience at the Risk Expo London. — more…


Appointed to restructure UK Government Education Technology Advisory body (Becta). — more…

 
© Copyright 2010 Epiphany Global. Company registration: 6685204. VAT Registration: 906 7129 23. All rights reserved worldwide.
Epiphany Global™, and its logo are trademarks of Epiphany Global.

www.epiphany-global.com/Company-Information/Terms-of-Service