Terms of Use
- Home
- Terms of Use
Terms of Use
Welcome to our web site. The Terms of Use (“Terms of Use”) set forth herein are entered into between you (“User” or “you”) and the Taiwan External Trade Development Council (“TAITRA,” “we” or “us”). The Terms of Use shall govern any and all access and use by you of the websites of the Taiwan-U.S. Business Alliance (URL: taiwan-usa.taiwantrade.com) (the “Site”), held by TAITRA. By accessing and/or using the Site, you are agreeing to comply with and be bound by the Terms of Use. Please review the following terms and conditions carefully. If you do not agree to these terms and conditions, you should not use the Site.
1. GENERAL
1.1 Content of the Site. The Site provides an online platform for companies and organizations to access or use
information, materials, documents, text, images, video clips, directories, files, databases, listings, services, and/or
mechanisms provided via the Site and/or to use the services concerning business-to-business e-commerce trade, as well as
other services provided via the Site for engaging in e-commerce trade (“Content”).
1.2 Amendment. TAITRA may, at its sole discretion, amend the Terms of Use at any time by posting the latest Terms of Use
on the Site, without providing specific notice to Users. It is the User’s responsibility to review the most recently
published Terms of Use. No amendment or alteration shall be made to the Terms of Use without TAITRA’s prior consent.
2. ACCEPTANCE OF TERMS OF USE
2.1 User hereby agrees to the terms and conditions outlined in the Terms of Use. By accessing and/or using the Site,
User accepts and agrees to be bound by the Terms of Use regardless of whether User has actually read and/or reviewed the
Terms of Use. Further, by accessing, using, continuing to access and/or use the Site, User accepts and agrees to be
bound by the most up-to-date version of the Terms of Use. In the event User does not agree with any of the terms and
conditions set forth in the most up-to-date version of the Terms of Use, User shall cease access to and/or use of the
Site immediately.
2.2 The Terms of Use, together with the Site’s Privacy Policy, Intellectual Property Right Infringement Policy, Product
Listing Policy, Liability Disclaimer, Notice of Personal Information Protection and other terms and conditions provided
from time to time by TAITRA for the User to follow (together with, if User is a Member of the Site, the applicable
Membership Agreement), which are incorporated by reference herein, constitute the entire agreement between User and
TAITRA, and supersede all prior understandings, agreements, undertakings or warranties with respect to the Site, the
information, product or services provided by or through the Site and the subject matter of the Terms of Use.
3. CONTENT PROVISION
3.1 Content Provided. TAITRA shall have the right to determine the Content and the way the Content is provided to the
User. User confirms that TAITRA may, at its sole discretion, remove, modify, upgrade, suspend, cancel or terminate any
and all of the Content at any time without prior notice to User. In the event User fails to provide any material
necessary to the services of the Site or to use the services of the Site within the time period prescribed by TAITRA,
User shall not be able to enjoy the services of the Site and shall have no right to request any damages resulting
therefrom.
3.2 Limitation of Use. TAITRA shall have the right to limit User’s use of any and all of the Content, including but not
limited to modifying or removing any information posted on the Site by User, or review the information provided by User
before posting, for any reason, without giving any prior notice to User. TAITRA reserves the right in its sole
discretion to remove any material it reasonably believes is unlawful, could subject TAITRA to liability, violates the
Terms of Use or is otherwise found inappropriate in TAITRA’s opinion. User acknowledges and agrees that TAITRA shall not
be liable to any party for any limitation on the use of the Content established by TAITRA.
3.3 Content 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”), and TAITRA shall have no liability for such Third Party Content.
TAITRA is entitled, at its sole discretion, to remove, modify, upgrade, suspend, cancel 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
4.1 No Reselling. User’s access, use and/or viewing of the Site shall be limited to its own personal or internal
purposes. Use of the Content for any purpose not expressly permitted in the Terms of Use is prohibited. User agrees that
it shall not copy, reproduce, download and/or systematically retrieve any Content of the Site for the purpose of
distributing, selling, or otherwise commercially exploiting the Content without prior written consent from TAITRA.
4.2 Security Violation. User is prohibited from violating or attempting to violate the security of the Site including,
without limitation, accessing data not intended for Users or logging into a server or account that Users 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.
4.3 Violation of Law. User shall not use the Site
(1) for transmitting, distributing or storing material in violation of
any applicable law or regulation;
(2) in any manner that will infringe the patent, trademark, copyright, trade secrets
or other intellectual property rights of others or violate the privacy or personal rights of others;
(3) in any manner
that is libelous, obscene, threatening, abusive or hateful; or
(4) in any manner contrary to any applicable laws.
4.4 False Advertising. User shall not post any false, inaccurate, misleading or libelous content on the Site. In
addition, advertisements shall not be fraudulent or involve the sale of counterfeit goods.
4.5 User shall not provide fraudulent information, make fraudulent offers of items, or engage in 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;
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 privacy or other legitimate rights;
(1.) 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);
(2.) provide or promote information, content or materials that are obscene;
(3.) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(4.) provide or post information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
(5.) attempt to copy, reproduce, exploit or expropriate TAITRA’s various proprietary directories, databases, listings
and information;
(6.) engage in any scheme to undermine the integrity of the computer systems or networks used by TAITRA and/or of any
Content, or attempt to gain unauthorized access to such computer systems or networks;
(7.) transmit 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;
(8.) provide or post any material that constitutes unauthorized advertisement or harassment (including but not limited
to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, creates civil
liability, or otherwise violates any law or regulation;
(9.) link directly or indirectly to or include descriptions of goods, services, Content or other materials that violate
any law or regulation or are prohibited under the Terms of Use;
(10.) be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; and/or
(11.) directly or indirectly violate any applicable laws.
5. INTELLECTUAL PROPERTY
The Content of the Site is the intellectual property of TAITRA or other right holders, as the case may be, and is 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 obtaining consent from TAITRA is strictly prohibited and TAITRA reserves all rights therein.
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 No 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.
6.2 No Liability from Information Posted by User. TAITRA is not responsible, and shall have no liability to User or
anyone else for any material posted by such User or third parties, including fraudulent, untrue, misleading, inaccurate,
defamatory, offensive or illicit material. The risk of damage from such material rests entirely with each User or third
party. TAITRA shall have no obligation to review any of the content posted by User on the Site.
6.3 No Liability from Service, Site Error or Interruption.
6.4 Disclaimer relating to 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, 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.
6.5 No Representation of Accuracy or Ability. Although TAITRA will endeavor to ensure maximum integrity and accuracy of
the Site, TAITRA makes no representations or warranties about the validity, legality, accuracy, quality, reliability,
stability or completeness of any information or products provided on or through the Site, to the extent permitted by
law.
6.6 No Implied Warranty. TAITRA does not provide any warranties about the Service other than those expressly stated in
the Terms of Use.
6.7 Links to Other Sites. The Site may contain links to third-party web sites. These are provided solely as a
convenience to Users and do not constitute 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.
6.8 Cooperation with Governmental Authorities. TAITRA reserves the right to cooperate fully with governments, courts,
prosecution or investigation agencies, law enforcement bodies, private investigators, and/or injured third parties in
the investigation of any suspected criminal, civil or administrative illegal conduct. TAITRA may disclose the User's
identity, contact and any other information, if requested by a governmental authority, court, prosecution or
investigation agency, law enforcement body, private investigator or injured third party, or as a result of a subpoena or
other legal action. TAITRA shall not be liable for damages resulting from such disclosure, and User agrees not to bring
any action or claim against TAITRA relating to such disclosure.
6.9 No Liability for Damages. In no event shall TAITRA be liable for any damages whether or not TAITRA has been advised
of the possibility of such damages, arising out of or in connection with use of the Site, inability to use the Site 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. TAITRA shall not be liable for any type of damages including, without limitation: special, direct,
indirect, incidental or consequential damages; damages from loss of profits, loss of goodwill, loss of data, business
interruption, or other intangible losses. 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.
6.10 Aggregate 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 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. Such amount shall be in lieu of all other remedies that User may have against TAITRA and
shall not preclude the requirement by the User to prove actual damages.
7. PRIVACY POLICY
The Privacy Policy of the Site shall be considered a part of the Terms of Use. The Site’s current Privacy Policy practices are accessible through the “Privacy Policy” link located near the bottom of most pages on the Site. You may also click here to review the TAITRA Privacy Policy. Security features and privacy policies may change from time to time. TAITRA reserves the right to amend or modify its Privacy Policy at any time. Users should review the Privacy Policy on a regular basis so they can be apprised of any changes.
8. USER INDEMNIFICATION
User hereby indemnifies TAITRA for any liability incurred as a result of User’s violation of the Terms of Use (including but not limited to the representations and warranties provided by User herein) and the materials incorporated by reference herein, use of the Service through the Site, or alleged or actual infringement or violation of the rights of others, including but not limited to the infringement of patent, copyright, trademark or any other intellectual property rights in connection to the products, Content or materials provided by User on the Site. TAITRA reserves the right to assume the sole and exclusive defense and control of any matter subject to indemnification by Users, which shall not excuse Users’ indemnity obligations.
9. MISCELLANEOUS
9.1 Governing Law and Jurisdiction. The Terms of Use shall be governed by the laws of the Republic of China, without
reference to conflict of laws principles. Any dispute arising out of the Terms of Use shall be referred to the
jurisdiction of the Taipei District Court in Taipei, Republic of China.
9.2 No Agency. The Terms of Use shall in no way create or are intended to create any agency, partnership, joint venture,
employment or franchise relationship between Users and TAITRA.
9.3 Severability. If any provision or portion of the Terms of Use shall be deemed unenforceable or invalid by any court
of competent jurisdiction, such provision or portion shall be struck and the remaining provisions or portions of the
Terms of Use shall remain in full force and effect. Any such unenforceable or invalid provision or portion thereof shall
be amended or interpreted so as to best accomplish the objectives of such provision or portion within the limits of
applicable law(s).
9.4 Headings. 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.
9.5 No Waiver. No waiver or failure by TAITRA to enforce any right or to act with respect to any breach by a User under
the Terms of Use shall be deemed to waive TAITRA’s right to act with respect to any subsequent breaches.
9.6 Assignment. TAITRA shall have the right to assign the Terms of Use to any person or entity. Users may not assign the
Terms of Use to any person or entity unless otherwise agreed to by TAITRA.
9.7 Language. In case of any discrepancy between the traditional Chinese version of the Terms of Use and any of its
translations, the traditional Chinese version shall prevail.