- 1.1Content of the Site.
The Site provides an online platform for companies and organizations to engage in business-to-business e-commerce trades through access and/or use of the information, materials, documents, text, images, video clips, directories, files, databases, listings, service, and/or mechanisms provided via the Site ("Content").
- 1.2 Amendment.
- 3.CONTENT PROVISION
- 3.1 Content Provided.
TAITRA shall have the rights to determine the Content and the way the Content provided to User. User confirms that TAITRA may, at its sole discretion, remove, cancel, modify, upgrade, suspend or terminate any and all of the Content at any time without prior notice to User.
- 3.2 Limitation of Use.
- 3.3Content Provided by Third Party.
User acknowledges and agrees that certain content offered via the Site may be provided by a third party ("Third Party Content"), including but not limited to the Third Party Content provided by a registered user of the Site ("Member") and PayPal, and TAITRA shall have no liability for such Third Party Content. TAITRA may, at its sole discretion, remove, cancel, modify, upgrade, suspend or terminate any and all such Third Party Content at any time without prior notice to User, and TAITRA shall not be liable for any of the foregoing measures.
- 4.PROHIBITED USES
- 4.1No Reselling.
- 4.2Not for End Consumer.
The Site provides the online platform for User to engage in only business to business e-commerce trades. No User shall purchase any product or service as an end consumer or provide any end consumer with any product or service via the Site. User shall indemnify and hold TAITRA harmless from and against any and all damages and lost arising therefrom.
- 4.3Security Violation.
User is prohibited from violating or attempting to violate the security of the Site including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any User, host or network or sending unsolicited e-mail. Violation of system or network security may result in civil or criminal liability.
- 4.4 Violation of Law.
User shall not use the Site (1) for transmitting, distributing or storing material in violation of any applicable law or regulation; or (2) in any manner that will infringe the copyright, trademark, patent, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; (3) in any manner that is libelous, obscene, threatening, abusive or hateful; or (4) in any manner against any applicable laws.
- 4.5No Legal Capacity.
User shall not use the Site if it does not have legal capacity to form legally binding contracts.
- 4.6False Advertising.
User shall not post any advertisement on the Site which contains any false, inaccurate, misleading or libelous content. Also, the advertisement shall not be fraudulent or involve sale of counterfeit goods.
User shall not engage in spamming, including but not limited to any form of emailing that is unsolicited.
- 4.8Prohibition Contractual in Nature.
- 4.9User shall not:
- 1.contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable laws, or otherwise promote other illegal activities;
- 2.infringe or otherwise encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secrets or other proprietary right or rights of publicity and privacy or other legitimate rights;
- 3.violate any applicable law, statute or regulation (including without limitation those governing import/export control, unfair competition, foreign exchange control, anti-discrimination or false advertising);
- 4.provide or promote information, content or materials that is obscene;
- 5.promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- 6.contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
- 7.involve attempts to copy, reproduce, exploit or expropriate TAITRA’s various proprietary directories, databases, listings and information;
- 8.involve any scheme to undermine the integrity of the computer systems or networks used by TAITRA and/or any user of the Content, or attempt to gain unauthorized access to such computer systems or networks;
- 9.involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal data;
- 10.contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
- 12.be part of a scheme to defraud other Users or other users of the Site or for any other unlawful purpose; or
- 13.directly or indirectly violate any applicable laws.
- 5.TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS
- 5.1Independence of Site Provider.
User acknowledges and agrees that TAITRA is not a party of, nor is it involved in, any transaction related to the Site as any buyer, seller or trading counterparty, and TAITRA does not represent the seller or the buyer either.
- 5.2Assumption of Transaction Risks and Liabilities.
User assumes full responsibility for all risks and liabilities in connection with the purchase or sale of products and Content on the Site and acknowledges and agrees that TAITRA shall not be responsible or liable for any damages, liabilities, costs, inconveniences, business disruption or expenditures of any nature that may arise as a result of or relating to any transaction risks or liabilities, including without limitation: the lawfulness of the products or Content offered for sale on the Site, the ability of the suppliers to complete a sale or the buyers to complete a purchase, misrepresentation in quality, quantity or safety, mislabeling, defective of the products or Content, availability in payment or delay, fraudulent schemes, breach of warranties and delivery mishap.
- 5.3 Indemnification.
In the event any User has a dispute with any party to a transaction, such User agrees to indemnify and hold TAITRA harmless from any and all claims, demands, costs, expenses (including but not limited to court expenses and attorney fees), actions and damages (including actual, direct, indirect, consequential and special damages) arising out of or in connection with such transaction.
- 6.INTELLECTUAL PROPERTY
The Content of the Site are the intellectual properties of TAITRA or other right holders, as the case may be, which are protected by the applicable laws related to copyright, trademark and other proprietary rights and may not be downloaded or otherwise duplicated without the express written permission of TAITRA or the right holders. All title, ownership and intellectual property rights in the Content shall remain with TAITRA. Use of any of the foregoing without obtainment of consent from TAITRA is strictly prohibited and TAITRA reserves all rights therein.
- 7.DISCLAIMER AND IMITATION OF LIABILITY
- 7.1No Liability from User’s Activities.
TAITRA is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
- 7.2No Liability from Information Posted by User.
TAITRA is not responsible, and shall have no liability to it or anyone else for any material posted by such User or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. TAITRA shall have no obligation to review any of the contents posted by User on the Site.
- 7.3No Liability from Site Error or Interruption.
TAITRA shall not in any way be liable to Users or any third parties for any loss, injury, claim, liability or damage of any kind resulting from (i) any errors or inaccuracies in or omissions from the Site or any Content or products obtainable therefrom; (ii) the unavailability or interruption of the Site or any features and applications thereof; (iii) User’s use of the Site; (iv) the Content contained on the Site; or (v) any delay or failure in performance due to the use of or inability to use the Site.
- 7.4Disclaimer of Provision of Content.
The Site and/or the Content provided through the Site are provided on an "as-is" basis and TAITRA hereby expressly disclaims any and all warranties, whether express or implied, including, without limitation, any warranties of title, quality, condition, performance, accuracy, reliability, merchantability or non-infringement. To the maximum extent permitted by law, all such warranties, representations, conditions and terms are hereby excluded. Users assume full responsibility and risk for use of the Content on or through the Site.
- 7.5No Representation of Accuracy or Ability.
Although TAITRA will endeavor to ensure maximum integrity and accuracy of the Site, to the maximum extent permitted by law, TAITRA makes no representations, warranties about the validity, legality, accuracy, quality, reliability, stability or completeness of any information or products provided on or through the Site, the ability of any seller to sell the items, the ability of any buyer to purchase the products, or that any transaction will be completed.
- 7.6Own Risk.
Any materials downloaded or obtained otherwise through the use of the Content is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download or use of any such material.
- 7.7No Implied Warranty.
- 7.8 Links to Other Sites.
The Site may contain links to third party web sites. These are provided solely as a convenience to Users and not in any way as an endorsement by TAITRA of the contents on such third-party web sites. If any User accesses any linked third party web sites, such User(s) does so entirely at its own risk.
- 7.9Cooperate with Government Authorities.
TAITRA reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. TAITRA may disclose the User's identity, contact and any other information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and TAITRA shall not be liable for damages or results thereof and User agrees not to bring any action or claim against TAITRA for such disclosure.
- 7.10No Consequential Damages.
In no event shall TAITRA be liable for any damages including, without limitation: special, direct, indirect, incidental or consequential damages, including but not limited to damages from loss of profits, goodwill, use, data or other intangible losses, business interruption, whether or not TAITRA has been advised of the possibility of such damages, arising out of or in connection with the use of the Site; inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, system failure or unauthorized access by third parties to data or private information of any User.
- 7.11Aggregate Liability.
Without prejudice to the above and subject to applicable laws, the aggregate liability of TAITRA, its employees, agents, directors, officers, affiliates, representatives, assigns, third party suppliers of information or documents or anyone acting on its behalf with respect to each User for all claims relating to the use of the Content, the Site or the information, products and documents provided on the Site shall be limited to NT$20,000; such amount shall be in lieu of all other remedies which User may have against TAITRA and shall not preclude the requirement by the User to prove actual damages.
- 9.USER INDEMNIFICATION
or by registered mail to the address to 7 Fl., 333 Keelung Rd., Section 1, Taipei 11012, Taiwan ROC. TAITRA may deliver legal notice to User by e-mail or registered mail in accordance with the contact information provided by User in its application. Notice by e-mail shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the email address is invalid. Notice by registered mail shall be deemed given three (3) days after the date of mailing.
- 11.1 Governing Law and Jurisdiction.
- 11.2 No Agency.
Headings herein are inserted for convenience of reference only and in no way define, limit, construe or describe the scope or extent of such section.
- 11.5No Waiver.
- 11.7 Language.