into between you (“User” or “you”) and the Taiwan External Trade Development Council (“TAITRA”, “we” or
Excellence Website (URL:world.taiwanexcellence.org) implemented by
TAITRA (collectively the
“Site”). By accessing and/or using the Site, you are agreeing to comply with and be bound by this Terms of
Use. Please review the following terms and conditions carefully. If you do not agree with these
conditions, you should not use the Site.
- Content of the Site The Site provides an online platform for companies and organizations to access
or use the information, materials, documents, text, images, video clips, directories, files,
database, listings, services, and/or mechanisms provided via the Site and/or use the services
concerning business-to-business e-commerce trades, as well as other services, provided via the Site
for engaging in e-commerce trades (“Content”).
continuing accessing and/or using the Site, User accepts and agrees to be bound by the most updated
the Site immediately.
from time to time by TAITRA for User to follow 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 service provided by or through the
- Content Provided TAITRA is entitled to determine the Content and the manner the Convent is
delivered to User. User acknowledges that TAITRA may, at its sole discretion, remove, modify,
upgrade, suspend, cancel or terminate any and all Content at any time without prior notice to User.
- Limitation of Use. TAITRA is entitled to limit User’s use of any and all 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
in appropriate in TAITRA’s opinion. User acknowledges and agrees that TAITRA shall not be held
liable to any party for any limitation on the use of Contents set by TAITRA to User.
- 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 to, at its sole discretion, 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 held liable for any of the aforementioned measures.
- No Reselling User’s access, use and/or viewing of the Site shall be limited to its own personal or
internal purposes. Any use of the Content for any purpose not explicitly permitted in this Terms of
Use is prohibited. User agrees that no contents on the Site shall be copied, reproduced, downloaded
and/or systematically retrieved for the purpose of distributing, selling, or otherwise commercially
exploiting the Content without prior written consent from TAITRA.
- Not for End Consumer The products or services listed on the Site are only intended for
business-to-business 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 loss incurred.
- Security Violation User is prohibited from violating or attempting to violate the security
measures of the Site, including but not limited to, 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 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.
- Violation of Law Users 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 patent, trademark, copyright, 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
- No Legal Capacity User without the legal capacity to form legally binding contracts may not use
- False Advertising User shall not post any false, inaccurate, misleading or libelous content on the
Site. In addition, the advertisement shall not be fraudulent or involve the sales of counterfeit
- Spam User shall not engage in spamming, including but not limited to any form of emailing that is
- Prohibition Contractual in Nature User understands that the limitations set forth in this Section
not be limited as a technical matter on the Site.
- User shall not:
- provide 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;
- infringe or otherwise encourage the infringement or violation of any third party’s copyright,
patent, trademarks, trade secrets or other proprietary rights or rights of publicity, privacy or
other legitimate rights;
- violate any applicable law, statute or regulation (including, but not limited to, those
governing import/export control, unfair competition, foreign exchange control,
anti-discrimination or false advertising);
- provide or promote information, content or material that is obscene;
- promote discrimination based on race, gender, religion, nationality, disability, sexual
orientation or age;
- provide content that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
- attempt to copy, reproduce, exploit or expropriate TAITRA’s various proprietary directories,
databases, listings and information;
- involve in 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;
- use or provide any computer viruses or other destructive devices and codes that have the
effect of damaging, interfering with, intercepting or expropriating any software of hardware
system, data or personal data;
- provide any material that constitutes unauthorized advertising or harassment (including but
not limited to spamming), invading anyone’s privacy or encourages conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
- link directly or indirectly to or include descriptions of goods, services, Content or other
- be a part of a scheme to defraud other Users or other users of the Site or for any other
- directly or indirectly violate any applicable laws.
The Contents of the Site are the intellectual property 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 reproduced without the explicit 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.
Disclaimer and Limitation of Liability
- No Liability from Users’ 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 party as a result of User conduct.
- No Liability from Information Posted by User TAITRA is not responsible, and shall have no
liability to any party for any material posted by User or third parties, including fraudulent,
false, 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.
- No 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.
- Disclaimer 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
explicit or implied, including but not limited to, 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.
User shall assume full responsibility and risk for use of the Content on or through the Site.
- No 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 or
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 supplier to sell
the items, the ability of any buyer to purchase the products, or that any transaction will be
- Own 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 their
computer system or loss of data that results from the download or use of any such material.
- No Implied Warranty TAITRA does not provide any warranty about the Service other than those
- Links to Other Sites The Site may contain links to third party websites. 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 websites. If any User accesses any linked third party websites, the User shall do so
entirely at their own risk.
- Cooperation with Government Authorities TAITRA reserves the right to cooperate fully with
governmental authorities, private investigators and/or damaged 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, damaged third party or as a
result of a subpoena or other legal action, and TAITRA shall not be liable for damages or results
thereof. User shall agree not to bring any action or claim against TAITRA for such disclosure.
- Non Consequential Damages In no event shall TAITRA be liable for any damages including, but not
limited to, 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
from 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.
- Aggregate Liability Without prejudice to the above and subject to applicable laws, the aggregate
liability of TAITRA, its employees, agents, directors, officers, affiliates, representatives,
successors, 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; the 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
constant inter-web development, security features and privacy policies may change from time to time.
Each User agrees to indemnify, defend and hold harmless TAITRA, its employees, agents, directors,
officers, affiliates, representatives, successors, third party suppliers of information or documents
or anyone acting on its behalf from any liability, demand, claim, loss, expense (including but not
limited to, court expenses and attorney fees) and damages related to such User’s violation of this
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 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.
Unless otherwise explicitly provided herein, legal notices to TAITRA in connection with this Terms of
Use shall be served by email to email@example.com or by registered mail to 5F, 333
Keelung Rd, Section 1, Taipei City 11012, Taiwan ROC. TAITRA may deliver legal notices to User by
e-mail or registered mail in accordance with the contact information provided by User in its
application. Notices by e-mail shall be deemed given 24 hours after the e-mail is sent, unless the
sender is notified that the email address is invalid. Notice by registered mail shall be deemed given
three (3) days after the date of mailing.
referred to the jurisdiction of the Taipei District Court in Taipei, the Republic of China for the
venture, employment or franchise relationship to be created, between Users and TAITRA.
invalid by any court of competent jurisdiction, such provision or portion shall be struck out and
unenforceable or invalid provision or portion thereof shall be changed so as to best accomplish the
objectives of such provision or portion within the limits of applicable laws.
- 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.
- No Waiver No waiver or failure by TAITRA to enforce any right or act with respect to any breach by
and any of its translation, the Traditional Chinese version shall prevail.