The terms of use (hereafter referred to as the “Terms”) are applicable to all the products and services (hereafter referred to as the “Product/Service”) provided on the website by WiAdvance Technology Corporation (hereafter referred to as the “Company”). Your use of the website’s Product/Service represents that you have accepted the Terms. When the Company considers it necessary, it may change the Terms at any time without prior notice to users. The changed Terms shall take effect upon publication in the appropriate place on the Company’s website. If the user still continues to use the Product/Service after change of the Terms, it is deemed that the user has agreed to the changed Terms. Given that the Company will not individually notify its users of the content change, users shall refer to the latest version of the Terms at any time when using the Product/Service. If the Product/ Service has individual terms of use other than the Terms, users shall also comply with the individual terms of use before using the Product/Service. On the other hand, in case of any conflict between the Terms and individual terms of use, the individual terms of use shall prevail.
Updates on Services or Software
Users may sometimes need to update the software in order to continue their use of the Product/Service. Such updates shall still be bound by the Terms. However, if the update is accompanied by other terms, those terms shall prevail. Under no circumstances shall the Company offer any updates.
Expenses
If the use terms covering the use fee, use period, etc., are separately required for the use of the website’s Product/ Service, users shall follow the use terms. Even if the text of “purchase” and “sale” is indicated on the interface of the website, the intellectual property rights and other rights related to the Product/Service provided by the Company for its customers will not therefore be transferred to users, and users are only granted the above access right.
Software Authorization
The copyrights of all the software provided on the website are owned by the Company or other operators having business cooperation with the Company. Instead of outright sale, users are only authorized to use the website’s software. The authorization does not grant users the right of any of the acts below, and users are not allowed to conduct any of them:
Privacy Rights
Business Partners
The website also offers the services or contents provided by other operators having business cooperation with the Company, in which the service or content providers shall be liable for such services or contents.
Purchase and Payment
Service Suspension
Users shall not engage in the following acts when using the Product/Service. In case of any violation, the Company is entitled to suspend or terminate user services:
Users’ Liabilities
The Company’s Disclaimer
The Right of Final Interpretation
The Company reserves the right of its final interpretation of any activities and restrictions for the Product/Service.
Trademark
Governing Law and Court of Competent Jurisdiction
The governing laws of the Terms are the laws of the Republic of China. In case of any dispute arising between the user and the Company out of the Product/Service and Product/Service- related issues, Taipei District Court shall be the court of competent jurisdiction for the first instance.
Updates on Services or Software
Users may sometimes need to update the software in order to continue their use of the Product/Service. Such updates shall still be bound by the Terms. However, if the update is accompanied by other terms, those terms shall prevail. Under no circumstances shall the Company offer any updates.
Expenses
If the use terms covering the use fee, use period, etc., are separately required for the use of the website’s Product/ Service, users shall follow the use terms. Even if the text of “purchase” and “sale” is indicated on the interface of the website, the intellectual property rights and other rights related to the Product/Service provided by the Company for its customers will not therefore be transferred to users, and users are only granted the above access right.
Software Authorization
The copyrights of all the software provided on the website are owned by the Company or other operators having business cooperation with the Company. Instead of outright sale, users are only authorized to use the website’s software. The authorization does not grant users the right of any of the acts below, and users are not allowed to conduct any of them:
- Evade or circumvent any technical protections built in the software or service or related to the software or service.
- Undertake disassembling, decompilation, decipherment, decryption, simulation, application or reverse engineering of any software contained in the service or being able to be accessed through other forms of services. However, it is not limited to the activities explicitly permitted by the relevant copyright laws.
- Separate components of software or services and install them on different devices.
- Publish, copy, rent, lease, sell, export, import, disseminate or loan software service (except for the circumstance where the act is explicitly authorized by the Company to users).
- Transfer the software, any software authorization, or any access right or use right of services.
- Use the service which may interrupt others’ use of services, data or accounts, or in a way without being authorized on the website.
- Enable the unauthorized third-party application program to access or modify any devices authorized by the Company.
Privacy Rights
- The Company respects the privacy of users.
- The Company has followed WiAdvance’s Privacy Policy to properly handle users’ private data and personal data.
- The Company will manage the data collected from users in a secure manner and adopt strict measures for security management.
Business Partners
The website also offers the services or contents provided by other operators having business cooperation with the Company, in which the service or content providers shall be liable for such services or contents.
Purchase and Payment
- Product/Service purchase.Once you receive an email from the Company confirming your purchase of the Product/Service, it means that your purchase and use agreement has been established, and the agreement will take effect upon your completion of the payment procedure. However, if you fail to make the payment within the time required by the system, the agreement will be automatically invalidated after the payment time expires.
- Payment processing methods. To provide you with convenience for purchasing the Product/Service on the website, the Company offers various payment processing methods. You shall abide by the terms of use and detailed rules or other legal agreements set up between you and the Company or a third party for the specific payment processing method. The Company may add or remove payment processing methods without notice to you. After you finish a transaction, the Company or its payment processor will collect the amount of your purchase of the Product/Service through your credit card or other payment method designated by you, while it will also charge other applicable fees (including taxes) at the same time. You shall be fully liable for all the expenses to be paid for your purchase of the Product/Service on the website.
- Pricing. For either selling on its own or as an agent, the Company posts the prices of the Product/Service on the purchase page of its website. Prior to your completion of the purchase, the price and inventory of all the Product/Service may be changed at any time.
- Taxation. You are responsible to pay any incurred “taxation”, and no “taxation” shall be deducted when paying for the Product/Service. If the seller of the Product/Service is obligated to collect or pay “taxation”, except that you can present a valid tax exemption certificate issued by the concerned taxation authority, the “taxation” shall be paid by you. “Taxation” refers to the non-income Product/Service sales-related taxes, customs clearance fees or tariffs, including any relevant penalties or interest.
- Compliance with tax regulations. You shall comply with all the applicable tax laws and regulations, and be responsible for declaring and paying any such applicable taxes.
- Merchandise is non-refundable once sold. The Product/Service sold on the website includes software, programs, and apps, so the 7-day cooling-off period is not applicable. The Product/Service on the website cannot be returned, replaced or refunded once sold (unless the product you receive is defective). However, if the merchandise/ service purchased by you is sold by the Company as an agent and the original maker has its own rules for return and replacement of the goods, the original maker’s rules shall prevail.
Service Suspension
Users shall not engage in the following acts when using the Product/Service. In case of any violation, the Company is entitled to suspend or terminate user services:
- Commit acts violating the Terms of Use.
- Commit acts violating statutory laws and regulations, court judgments, rulings or orders, or law-binding administrative measures.
- Commit acts which may endanger public order or good customs.
- Commit acts infringing the Company or a third party’s intellectual property rights, such as copyrights, trademark rights, patent rights, etc., reputation rights, privacy rights or violating other statutory laws and regulations or the rights required by contracts.
- Commit acts interfering with the server or network system of the Product/Service, improperly operating services with BOT, cheating tools or other technical means, deliberately using the loophole of the Product/Service to put forth improper inquiries or requests to the Company by repeatedly raising the same questions to an extent beyond the limit of necessity, obstructing the Company from operating the Product/Service or other users from using the Product/Service, and creating disturbance.
- Commit the act considered inappropriate by the Company.
Users’ Liabilities
- Users shall be responsible for their use of the Product/Service, and be fully liable for all the acts engaged for the Product/Service and the results of the acts on their own.
- In the event that the Company considers that the user violates the Terms in his or her use of the Product/Service, it will adopt the measure judged by it as required and appropriate. However, it does not represent that the Company is obligated to prevent or correct such violation.
- In the case that the Company directly or indirectly suffers damage (including the payment of attorney fees) as a result of the user’s use of the Product/Service (including the claim received by the Company from a third person for the use of the Product/Service), the user shall promptly compensate the Company in accordance with the Company’s request.
The Company’s Disclaimer
- The Company neither explicitly nor implicitly guarantees that the Product/Service (including their contents) is free from factual defects (including flaws, errors or program errors, infringement of rights, etc., related to security, reliability, accuracy, integrity, validity, applicability for specific purposes, safety, etc.).
- The Company is not liable for any damage caused by the Product/Service to users. However, the disclaimer is not applicable to consumer agreements (including the Terms) between the Company and users under the Consumer Contract Act for service-related matters.
- Even if under the circumstance required by the preceding proviso and with user’s damage caused by non-performing debts or tortuous acts as a result of the Company’s negligence (exclusive of gross negligence), the Company is not responsible for the damage caused by special cases (including the situation where the Company or user has foreseen the damage or the damage is foreseeable). In addition, for user’s damage caused by non-performing debts or tortuous acts as a result of the Company’s negligence (exclusive of gross negligence), the compensation shall be limited to the amount collected from the user in the month in which the damage occurs.
The Right of Final Interpretation
The Company reserves the right of its final interpretation of any activities and restrictions for the Product/Service.
Trademark
- The “WiAdvance” and the names of all the Product/Service referred to on the website are protected by the Trademark Act and Fair-Trade Act in accordance with their registration or use status.
- The property rights, trademark rights and registered trademark rights of all of the products, brand names or company names not owned by the Company but indicated on the website shall be owned by the companies having the ownership of the rights.
- “WiAdvance” and all of the Company’s product names or marks are not allowed to be used for advertising or public purposes, unless otherwise permitted by the Company in writing in advance.
Governing Law and Court of Competent Jurisdiction
The governing laws of the Terms are the laws of the Republic of China. In case of any dispute arising between the user and the Company out of the Product/Service and Product/Service- related issues, Taipei District Court shall be the court of competent jurisdiction for the first instance.