Terms of service
Last Updated: September 21, 2025
Terms of Service
Welcome to Epic Whizz®! The terms “we”, “us” and “our” refer to Epic Whizz®. Epic Whizz® operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). EpicWhizz.com is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
The following websites, products, content, services, software, and applications in any media format or channel, now known or hereafter devised ("Epic Whizz Products" and "Products"), that may be branded Epic Whizz or another brand owned or licensed by Epic Whizz are kindly provided to you by Epic Whizz Inc. and/or its affiliates and subsidiaries (collectively, "Epic Whizz," "we," or "us"). Any mention of Epic Whizz Products also refers to any of their components.
BEFORE USING THE EPIC WHIZZ PRODUCTS, PLEASE READ THESE TERMS AND ANY ADDITIONAL OR SPECIFIC TERMS AND CONDITIONS CAREFULLY, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. YOUR GENERAL USE OF THE EPIC WHIZZ PRODUCTS IS CONDUCTED BY THESE TERMS. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. YOU ACCEPT THESE TERMS AND ANY ADDITIONAL OR SPECIFIC TERMS AND CONDITIONS BY USING THE EPIC WHIZZ PRODUCTS.
Any disagreements between you and us are subject to a class action waiver and must be settled through individual binding arbitration, with the exception of disagreements settled in small claims court or pertaining to ownership or enforcement of intellectual property rights. Because it impacts your rights under this contract, please read the arbitration provision (section 20 below).
1. You and We Enter into a Contract Under These Terms of Service
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
A. Binding Agreement. You and Epic Whizz Inc., which is based in Calgary, AB, Canada, as well as its affiliates and subsidiaries, are parties to these terms of use ("Agreement"). There are no third-party beneficiaries of this Contract, unless otherwise specified.
B. Agreement. Regardless of whether you have created an Epic Whizz account and agreed to this Agreement at the time of creating that account or you simply browse, use, or access an Epic Whizz Product offered directly by Epic Whizz or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Epic Whizz Product), you represent to Epic Whizz that you have read, understand, and expressly agree to be bound by this Agreement and the terms, conditions, and notices contained or referenced herein. You are not permitted to use the Epic Whizz Products if you disagree with the Agreement.
C. Additional Terms. The Epic Whizz Products are generally governed by this agreement. A particular contest, sweepstakes or promotion, software, application, promotional code, service, or other activity, the availability of specific merchandise, content, programs, or other activities, conditions or other limitations on the use of Epic Whizz Products by users under specific ages, and/or specific terms or restrictions that may accompany certain territories, programs, content, products, websites, applications, or other software are just a few examples of the products that may be subject to more specific and/or supplemental terms and conditions. Any Additional Terms and conditions are an addition to this agreement, and they will take precedence over it in the case of a dispute. You are not permitted to use the Epic Whizz Product if you disagree with the relevant additional terms and conditions that have been provided.
D. Amendments. Any part of this Agreement may need to be modified from time to time for a variety of reasons, such as to reflect improvements to the Epic Whizz Products or modifications to the law. If we make a significant modification to this agreement, it will take effect thirty (30) days after we send you a notice or post the updated terms on Epic Whizz Products, the third party that provides you with access to Epic Whizz Products, or on epicwhizz.com. It is your responsibility to check this agreement for updates and modifications on a regular basis. You will be considered to have accepted any changes if you keep using the Epic Whizz Products. You must stop using the Epic Whizz Products if you disagree with any changes made to this agreement. No aspect of this Agreement may be altered by our customer service representatives, either orally or in writing.
E. Accounts. To participate or to receive extra rewards, you may be required to register an account for certain Epic Whizz products. You acknowledge that all of the information you give is true, up to date, and comprehensive. This includes your payment details and your contact details for notifications and any correspondence from us. You agree not to falsify information for a parent or guardian or to impersonate or misrepresent your association with any person or organization, including by using someone else's name, likeness, username, password, or other account information. You consent to us taking action to confirm the correctness of the data you submit, including a parent or guardian's contact details.
F. Passwords and Security. You agree not to disclose your account or any of its details to any parties. You are in charge of all activities under your account that you can reasonably manage, and you are accountable for taking reasonable precautions to keep your username and password private. If your username, password, or other account information is used without authorization, or if you become aware of any other security breach concerning your account or the Epic Whizz Products, you agree to contact us right away.
G. Electronic Notice. You agree that we may use the email address you have supplied to send you messages, including agreements, disclosures, and other communications. You acknowledge that any legal requirements that these communications be in writing are met by these electronic notices.
H. Suspension or Termination. If required by law, if we have reasonable suspicion that you have used the Epic Whizz Products in violation of any of the terms of this Agreement or any supplemental terms, or if you engage in or encourage infringement or any other illegal conduct related to your use of the Epic Whizz Products, we may terminate or suspend your access to any of the Epic Whizz Products and/or terminate this Agreement subject to the survival of terms as stated below.
2. Grant of Licenses and Restrictions
All copyrights, trademarks, service marks, trade names, trade dress, patents, and other intellectual property rights in the Epic Whizz Products are owned by us or our licensors (who may be third-party beneficiaries of this contract), and they are protected by the copyright, trademark, and patent laws of Canada, the United States, and international treaties. These include, but are not limited to, picture books, characters’ designs, characters’ goods, graphic apparel, graphic products, illustrations, audio content, music, films, entertainment or informational programming, trailers, bonus material, scripts, code, images, and artwork.
A. License for Consumers. We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use software, content, virtual items, or other materials owned or licensed by us in Canada and the United States for your personal, non-commercial use only, for as long as that Epic Whizz Product is made available to you by us. This license applies only if an Epic Whizz Product, or third party providing Epic Whizz Products subject to this Agreement, is configured to enable the use of such software, content, virtual items, or other materials. or an authorized third party, and only in compliance with this Agreement and/or the particular terms that apply to that Epic Whizz Product. No Epic Whizz Product may be reproduced, distributed, communicated to the public, made available to the public, or transformed, including in connection with any use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking, or validation of any artificial intelligence or machine learning tool, model, system, algorithm, product, or other technology ("AI Tool"), in any media format or channel that is currently in use or will be developed in the future (unless specifically described within the Epic Whizz Product or used in an Epic Whizz Product in the way that it was intended). This is a license agreement, not a contract for the sale or transfer of any Epic Whizz Product rights. No part of the Epic Whizz Products may be utilized or exploited in any way other than as a component of the authorized Product that you have been given, unless we have agreed in writing. We maintain whole and total ownership of the Epic Whizz intellectual property, even though you may possess the physical medium that contains components of the Epic Whizz Products. No part of the Epic Whizz websites, software, applications, content, virtual goods, or other materials and/or services are transferred to you by us. An ownership interest in Epic Whizz's websites, software, applications, content, virtual goods, or other materials and/or services is also not created by purchasing a license to use any of their products.
B. Restrictions on How You Can Use Epic Whizz's Products. You acknowledge that these restrictions are a requirement of your license and that you will not permit nor anyone else allow to conduct any of the following without our prior written consent:
i. get around or disable any digital rights management or content protection systems connected to the Epic Whizz Product;
ii. duplicate the product (unless we specifically allow it);
iii. rebroadcast, transmit, or perform the product;
iv. produce derivative works of the Epic Whizz Product or any portion of it, unless and until the applicable law forbids the aforementioned restriction;
v. access or use the Epic Whizz Products in a way that implies an association with our products, services, or brands;
vi. alter the Epic Whizz Products, including but not limited to removing identification, copyright, or other proprietary notices from the Epic Whizz Products;
vii. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Epic Whizz Products and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure integrated into the video player(s);
viii. establish a business using the Epic Whizz Products, use the products for any commercial or business-related purpose, or take any action that permits third parties to carry out any of the aforementioned actions, whether or not for financial gain;
ix. circumvent, alter, interfere with, or defeat any of the Epic Whizz Products' features or safeguards;
x. use a robot, spider, script, or other automated method to access, monitor, copy, or extract the Epic Whizz Products, including, but not limited to, for the creation or development of any AI tool, data mining, web scraping, or in any other way assembling, constructing, producing, or adding to any database, data set, or collection of data (apart from the use of spiders by a public search engine to create search indices to the extent that Epic Whizz permits, such as through the relevant robots.txt files or NOINDEX or NOFOLLOW meta-tags);
xi. damage, disable, overburden or impair the Epic Whizz Products; or
xii. utilize the Epic Whizz Products in any way that is against this Agreement, without authorization, or for any illegal purpose;
C. Violation. The rights of Epic Whizz and/or the owner of the intellectual property are violated by any effort to carry out any of the prohibited activities mentioned above.
D. Export Regulations. No Epic Whizz Product may be accessed or used in contravention of US and Canadian export control and economic sanctions laws. You represent and guarantee that your usage of the services, content, or software will adhere to those standards if you purchase them through the Epic Whizz Products.
3. Usage Rules
A. Use for marketing, branding, or commercial purposes is prohibited. We prohibit commercial or business-related uses of the Epic Whizz Products or other Epic Whizz intellectual property, such as marketing or branding, as well as uses that advertise, offer to sell, or promote goods or services (whether or not for profit), or solicit others (including requests for donations or contributions), unless specifically licensed.
B. The Epic Whizz Products have changed. Over time, the Epic Whizz Products will undergo changes as they continue to evolve. We maintain the right to implement such modifications or, if required, to stop selling Epic Whizz Products. We could also have to suspend, limit, or stop your access to Epic Whizz Products as mandated by law.
C. Our Products. We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
D. Adherence to communications. You may be asked to agree to receive communications from us via text, email, and/or push notifications on your mobile device when using the Epic Whizz Products. Calling and texting charges will be the same. You agree that automated phone dialing systems may produce texts, calls, or prerecorded messages. Through the Epic Whizz Product's settings, the "Unsubscribe" instructions for emails, or the Unsubscribe response in the case of a text message, you can choose not to receive promotional communications. YOU UNDERSTAND THAT USING THE EPIC WHIZZ PRODUCTS DOES NOT CONTAIN CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS.
E. Malware. You pledge to refrain from willfully or intentionally introducing a virus or other dangerous element, altering, compromising, or causing harm to any Epic Whizz website, product or network, or interfering with the use.
F. Mobile networks. The message, data, and other rates and fees of your network or roaming provider will be applicable when you access the Epic Whizz Products via a mobile network.
4. Orders
A. When you place an order, you are making an offer to purchase. Epic Whizz reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Epic Whizz confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Epic Whizz may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Return and Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
B. The procedure for placing orders. You will have the chance to check and validate your order, including the product details, payment method, and delivery address (if applicable). We will notify you when we accept your order, and at that point, our acceptance will be considered complete and, for all intents and purposes, to have been properly conveyed to you. The sale agreement will then be established and enforceable against you and us. When the relevant goods are delivered, you become responsible for insuring them and assume the risk of loss for any items you buy.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order.
C. Billing and payments. You agree and represent that the payment information you supply is correct, that you are authorized to use the specified payment method, and that you will keep us informed of any changes to the information. To find the most recent credit card and debit card expiration dates, we reserve the right to use third-party payment card updating services.
D. Right of Cancellation; Return of Goods. To ensure you are aware of your right to cancel, please carefully read the following information. You must follow the specific Epic Whizz Product's Return and Refund Policy if you want to cancel.
Below Our Policy Using
· Cancelling Email Subscriptions: Please go to our Email Subscriptions section.
· You accept that you have forfeited your right to cancel and/or return by agreeing to delivery. All purchase prices and fees are non-refundable.
E. Prices and Billing; Taxes.
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
F. Shipping and Delivery. We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
G. Customs and international shipping. You could be required to pay import taxes and charges if you order items to be delivered to a nation other than the seller's home country.
You are responsible for paying these and any other customs clearance fees. Please be advised that any manufacturer's warranty may not be valid for goods shipped abroad; manufacturer service options may not be available; manuals, instructions, and safety warnings may not be available in the languages of the destination country; the goods and their accompanying materials may not be designed in compliance with the standards, specifications, and labeling requirements of the destination country; and the goods may not meet the voltage requirements of the destination country (requiring the use of an adapter or converter). It is your responsibility to ensure that the items may be imported into the target country legally. The recipient is the importer of record when placing an order with us, and they are subject to all applicable rules and regulations in the country of destination
H. Coupon. Epic Whizz coupons may be available for purchase and/or redemption in conjunction with specific or/and comprehensive Epic Whizz products. When coupons are delivered to the carrier or transmitted electronically, you become the owner and assume the risk of loss. Coupons can be used for qualified goods and services at approved establishments.
5. Contests, Sweepstakes, and Promotions
Contests, Sweepstakes, and Promotions. You may be subject to official rules and/or conditions that are supplemental to this Agreement that may include information about the Epic Whizz Promotion, including eligibility requirements, entry instructions, deadlines, prize information, and restrictions, for contests, sweepstakes, and other similar promotions that you enter on an Epic Whizz Product or in connection with Epic Whizz Products integrated with a third-party website, service, application, platform, and/or content ("Epic Whizz Promotions"). Please read the relevant official rules and/or conditions before attempting to participate in any Epic Whizz Promotion. The terms in the official rules and/or conditions of an Epic Whizz Promotion govern and regulate the Epic Whizz Promotion in the event that they conflict with this Agreement. All of the terms of this Agreement that control your contribution and how we utilize your User Generated Content apply to your participation in an Epic Whizz Promotion, which is considered User Generated Content as defined in Section 6 below.
6. Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Epic Whizz, its affiliates or licensors and are protected by Canada, U.S., and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Epic Whizz, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Epic Whizz.
Epic Whizz’s names, logos, product and service names, designs, and slogans are trademarks of Epic Whizz® or its affiliates or licensors. You must not use such trademarks without the prior written permission of Epic Whizz®. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
7. Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
8. Third-party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
Epic Whizz is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Epic Whizz. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Epic Whizz, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Epic Whizz.
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
12. Errors, Inaccuracies, and Omissions
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Epic Whizz®, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL EPIC WHIZZ, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
You agree to indemnify, defend and hold harmless Epic Whizz, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
20. Class Action Waiver and Binding Arbitration
PLEASE CAREFULLY READ THIS CLAUSE, which includes a class action and jury trial waiver and commits you to resolving any disputes between you and Epic Whizz through binding individual arbitration. You and Epic Whizz agree that all disputes (including those involving Epic Whizz Inc., its subsidiaries, or its affiliates) will be settled by binding individual arbitration as specified below between you and Epic Whizz, with the following exceptions: (i) any claim that falls under the jurisdiction of a small claims court in accordance with the applicable jurisdictional and dollar limits, provided that it is an individual dispute and not a class action; and (ii) any disagreement about intellectual property rights ownership or enforcement. A "dispute" is any claim, dispute, action, or other controversy between you and Epic Whizz regarding the Epic Whizz Products or this Agreement, whether based on past, present, or future events; whether based in contract, tort, statute, or common law; or this exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or the formation of this contract, including, but not limited to, the arbitrability of any dispute; or any claim that all or any part of this Agreement is void or voidable.
EPIC WHIZZ AND YOU AGREE TO FORGO CLASS ACTION PROCEDURE.
Epic Whizz and you will not attempt to have a disagreement heard in a private attorney general action, class action, or any other proceeding where any party acts or intends to act in a representative role. We both agree not to launch a class action or seek relief on a class basis, and we specifically waive any such right. Without the previous written approval of all parties to the relevant arbitrations or procedures, no arbitration or proceeding may be merged with another. Neither you nor we are entitled to arbitration in the event that this waiver of class or consolidated lawsuits is found to be unlawful or unenforceable; instead, any disputes shall be settled in court.
A. Court of Small Claims. You or we may choose to pursue a dispute in a local small claims court instead of through arbitration or the informal dispute resolution process outlined below, subject to applicable jurisdictional requirements, provided that the matter stays in small claims court and is handled solely on an individual basis. The opposite party may, at its sole discretion, notify the arbitral forum that it prefers to have the dispute decided in small claims court if one party has already filed an arbitration demand. At that point, there will be no fees owed by the arbitration respondent, and the arbitral forum will close the arbitration and the dispute will be adjudicated in the proper small claims court.
B. Unofficial Conflict Settlement. If a disagreement arises, you and Epic Whizz agree to try to avoid the expenses of formal dispute resolution by providing each party with a thorough and equitable chance to discuss and settle the disagreement amicably. The claiming party must send the other party a notice of a dispute, which is a written statement that includes the name, address, and contact details of the party giving the notice, as well as specific factual information necessary to assess the merits of the claiming party's individual claim and the specific relief sought, with the exception of disputes that can be settled in small claims court or that pertain to the ownership or enforcement of intellectual property rights. include the requested sum of money as well as the methodology used by the party making the demand to determine the alleged damages. Any notification of a dispute must be sent to Epic Whizz at 2118-168, St. Moritz Dr. SW Calgary, AB, Canada T3H 0K4. Legal, take note. Any notice of a dispute will be sent to the contact details we have on file for you, which may include the contact details linked to your Epic Whizz account if applicable. Epic Whizz and you will make an effort to settle a disagreement through informal negotiation within sixty (60) days of the dispute notification being issued. An individual face-to-face meeting, teleconference, or videoconference is necessary for this informal discussion, which solely focuses on the disagreement between you and Epic Whizz (the "Conference"). If you have legal representation, your attorney may attend the Conference, but you will also need to go on your own. One or more representatives from Epic Whizz, maybe including our counsel, will attend the Conference. You or we may start an arbitration action involving a claim after the sixty (60) day informal negotiation period is over, but not before or after the conclusion of the Conference pertaining to that claim. This paragraph is not meant to forbid the parties from communicating informally to settle the claims of the initiating party prior to, during, or following any conference or small claims court filing. Each party acknowledges that a court may grant injunctive relief to enforce this paragraph's pre-filing obligations, including an injunction to halt arbitration proceedings that have been initiated in conflict with this paragraph.
C. Rules and Procedure for Arbitration. In the event that you and Epic Whizz are unable to settle a disagreement through informal negotiation or small claims court, binding arbitration will be used. The interpretation and execution of this arbitration agreement are governed by the Commercial Arbitration Act (Canada), including its procedural rules, rather than state law. All aspects of this arbitration will be governed by the arbitral forum's rules, unless they conflict with this agreement.
D. Offers of judgment and settlement. You or we may serve the opposing party with a written offer of judgment to allow judgment on certain terms at least ten (10) calendar days prior to the date of the arbitration hearing regarding a dispute. If the offer is accepted, the arbitrator will receive it along with proof of acceptance and render a decision in accordance with it. The offer will be considered withdrawn and will not be admissible as evidence in the arbitration if it is not accepted before the arbitration hearing or within thirty (30) calendar days of its making, whichever comes first. The other party will not be reimbursed for post-offer expenses and will be required to pay the offering party's costs (including all fees paid to the arbitral forum) from the moment of the offer if the other party rejects an offer made by the other party and does not receive a more favorable decision.
E. Survival of Arbitration Agreements. When your relationship with Epic Whizz ends, including if you revoke your consent or take any other action to stop using any of our products or communicating with us, this arbitration agreement will still be in effect.
F. Opt-out. You can send a letter to opt out of this arbitration agreement. This will prevent either party from forcing the other to arbitrate. If you choose to opt out, you must give us written notice at least thirty (30) calendar days after you are first subject to this arbitration agreement; if not, you will be required to arbitrate disputes in line with this agreement on a non-class basis. The class action waiver remains in effect if you choose to waive only the arbitration clauses and not the class action waiver. It is not possible to opt out of both the arbitration clauses and the class action waiver. Your name and address, the email address you used to create your Epic Whizz account (if you have one), and a clear indication that you wish to withdraw from this arbitration agreement (and, if relevant, the class action waiver) must all be included in your opt-out notification. Your opt-out notice needs to be mailed to 2118-168 St. Moritz Dr. SW Calgary Alberta Canada T3H 0K4. Epic Whizz Opt-Out: Take note. To be clear, opt-out notices sent by email will not be accepted. Please feel free to consult an attorney if you have any questions or concerns regarding the meaning of any of the provisions in this arbitration agreement. We appreciate your awareness of the significance of our agreement about the dispute resolution procedure.
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Epic Whizz is headquartered. You and Epic Whizz consent to venue and personal jurisdiction in such courts.
23. Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
24. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at info@epicwhizz.com.
A. Forum Selection. You acknowledge that any legal action or equity action arising out of or related to this Agreement that is not subject to arbitration must be filed in the state or federal courts in Calgary or Alberta, and that you agree to submit to the personal jurisdiction of those courts in order to litigate such an action.
B. Law Selection. Without regard to any conflict of law principles, this Agreement shall be governed and construed in conformity with the laws of Alberta and Canada.
C. Severability. Any clause that is illegal, null and void, or unenforceable for any reason will be considered severable from this agreement and will not impact the enforceability or validity of any other clauses.
D. Waiver. Our omission to assert any right or provision under this Agreement does not imply a waiver of that right or provision, nor will any waiver of any provision by us be interpreted as a further or continuing waiver of that provision or any other term.