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Taiwantrade / iDealEZ Membership Agreement for Supplier Member

1. PURPOSE AND SCOPE

1.1 The Agreement. The content herein sets forth the terms and conditions of the Taiwantrade/iDealEZ Online Membership Agreement (“Agreement”) between a member of the Taiwantrade/iDealEZ platform (“Member”) and the Taiwan External Trade Development Council (“TAITRA”). This Agreement shall govern any and all of the Member’s access and use of the website of Taiwantrade (URL: www.taiwantrade.com) and/or iDealEZ (URL: www.idealez.com) hold by TAITRA (collectively the “Site”).

1.2 Services of the Site. The Site provides an online platform for companies and organizations to use the services concerning business-to-business e-commerce trades, as well as other services, provided via the Site, including but not limited to services provided for enabling the listing and purchasing of the products or services for Members, subject to the terms and conditions set forth herein (“Services”). The Services regarding listing, ordering and purchasing of the products or services provided by TAITRA are currently free of charge. TAITRA reserves the right to charge for any and all of the Services at any time.

1.3 Amendment. TAITRA may, at its sole discretion, amend this Agreement at any time by posting the latest Agreement on the Site, without any specific notice to Member. It is the responsibility of Member to review the most recently published Agreement. No amendment or alteration shall be made to this Agreement without TAITRA’s prior consent.

2. ACCEPTANCE OF TERMS

2.1 The Member agrees to the terms and conditions outlined in this Agreement. By applying for membership with TAITRA, the Member accepts and agrees to be bound by this Agreement regardless of whether the Member has actually read and/or reviewed this Agreement or not. Further, by logging onto the Site with the member account and/or using or continuing using the Services provided on the Site, the Member accepts and agrees to be bound by the most updated version of this Agreement, if any. In the event the Member does not agree to any of the terms and conditions set forth in the most updated version of this Agreement, the Member shall cease from using the Services provided via the Site immediately.

2.2 This Agreement, together with the Site’s Privacy Policy, Terms of Use, Product Listing Policy, Liability Disclaimer, Intellectual Property Right Infringement Policy, Notice of Personal Information Protection, and the other terms and conditions provided from time to time by TAITRA for the Member to follow which are incorporated by reference herein, constitute the entire agreement between the Member and TAITRA, and supersede all prior understandings, agreements, undertakings or warranties with respect to the Site, the content, product or services provided by or through the Site and the subject matter of this Agreement.

3. MEMBERSHIP

3.1 Application of Membership. The Member shall be a legal entity or an individual having legal capacity to form legally binding contracts. Applicant wishing to use the services of the Site shall provide all information and documents requested by TAITRA, including but not limited to the information specified in the membership application form provided by TAITRA online. After the applicant enters the foregoing required information and agrees to and accepts the terms and conditions provided herein, TAITRA may then, at its sole discretion, permit request for membership.

3.2 Rejection and Suspension of Application. TAITRA may reject an application for the following reasons:
(1) The information provided by the applicant in the membership application form, ,or any other information provided by the applicant to TAITRA and/or on the Site, is false, untrue, inaccurate or incomplete;
(2) The applicant requests for service through the Site in the name of a third party;
(3) The application is of an illegal nature or unreasonable; and/or
(4) Any other reason that TAITRA deems appropriate.

TAITRA may suspend the application and notify, through e-mail or by other way TAITRA deems appropriate, such applicant of pending its submission of additionally requested information and materials in order to determine whether application for membership may be accepted.

3.3 Membership Application Accepted. TAITRA may issue a Member ID and assign a password to the applicant whose application is permitted to access the Services through such Member’s account.
The Member shall be responsible for maintaining confidentiality of the Member ID, password and account information, and no Member shall share or permit the use of its Member ID, password or account information with any third party. The Member acknowledges and agrees that sharing of its Member ID, password or account information with other persons will cause irreparable harm to TAITRA and the Member shall indemnify TAITRA against any losses or damages suffered by TAITRA as a result of such sharing or multiple use of the account.

3.4 Alternation and Cancellation of Membership. TAITRA may, at its sole discretion (which may be based on including but not limited to suspension of business, company dissolution and/or other reason TAITRA deems appropriate ), cancel, modify, upgrade, alter, suspend or terminate the membership or application of the Member at any time without prior notice.

3.5 Information provided. The Member shall provide true, accurate, current and complete information in connection with its application of membership and use of the Site, and maintain and promptly amend all information to keep such information updated, true, accurate, current and complete.

3.6 Transfer of Membership. To apply for transfer of membership, the Member shall provide TAITRA with the transfer application in the form prescribed by TAITRA, together with any and all information and documents requested by TAITRA. TAITRA is entitled to, at its sole discretion, reject the request for membership transfer.

3.7 Payment and Refund . E-portal Member shall pay the applicable membership fee on time. To apply for refund, the Member shall provide TAITRA with the refund application in the form prescribed by TAITRA, together with any and all information and documents requested by TAITRA. The refund shall be, after deduction of the values for all products and/or services which have been provided to the Member and any and all fee and/or amount which should be paid to TAITRA, determined on a pro-rata basis based on the remaining term of the membership. The said products and/or services values to be deducted shall be the products and/or services values listed on the Member's purchase order. In case Member fails to apply for refund within the time period prescribed by TAITRA, Member shall not be capable of requesting for any refund, TAITRA may, at its sole discretion, permit request for refund.

4. PROVISION OF SERVICE

4.1 Content of the Service and Alteration thereof. TAITRA shall have the rights to determine the content and the way the Services provided. The Member confirms that TAITRA may, at its sole discretion, remove, modify, upgrade, suspend, cancel or terminate any and all of the Services at any time without prior notice to Member. In the event Member fails to provide any material necessary to the Services or to use the Services within the time period prescribed by TAITRA, Member shall not be capable of enjoying the Services and shall have no right to request for any damages resulting therefrom.

4.2 Limitation of Services. TAITRA shall have the right to limit the Member’s use of any and all of the Services, including but not limited to modifying or removing any contents posted on the Site by the Member, or review the contents provided by the Member before posting, for any reason, without giving any prior notice to the Member. TAITRA reserves the right in it sole discretion to remove any material it reasonably believes that is unlawful, could subject TAITRA to liability, violates this Agreement or is otherwise found inappropriate in TAITRA’s opinion. The Member acknowledges and agrees that TAITRA shall not be liable to any party for any limitation of the Services set by TAITRA to the Member.

4.3 Service Provided by Third Party. The Member acknowledges and agrees that the services offered via or relating to the Site may be provided by third parties (including but not limited to the services provided by PayPal, HiTRUST, the issuing bank(s), payment or amount transfer service provider(s), logistics service provider(s), certification service provider(s), and other product or service provider(s)) and TAITRA shall have no liability for such service(s) of the third party(ies). The Member shall follow the terms and conditions set forth by such third party provider (including but not limited to the restriction set forth by the third party in accordance with the applicable laws and regulations regarding foreign exchange control or others as the case may be). TAITRA is entitled to, at its sole discretion, remove, modify, upgrade, suspend, cancel or terminate any and all of such third party services at any time without prior notice to the Member. TAITRA shall not be liable for any of the foregoing measures.

4.4 Sales on Other Website. Member may be allowed to post its products or services on eBay or other trading platforms ("

Cooperation Platform(s)

") by using the function provided by the back end of the Site and/or being introducing by TAITRA (subject to the services available to Members). Member acknowledges and agrees the follows:
(1) Member shall maintain an account of Cooperation Platform(s) for doing transaction(s) as well as any other activities on Cooperation Platform(s). Member shall review, confirm and ensure that the products or services transmitted to Cooperation Platform(s) via the back end of the Site are correctly listed on Cooperation Platform(s), and shall update any and all information regarding the products or services posted thereon;
(2) Member shall ensure that it has obtained appropriate credentials and rights to post products or services on Cooperation Platform(s), and that it has the right to do its transaction(s) and other activities on Cooperation Platform(s);
(3) The transaction(s) of Member relating to the products or services posted on Cooperation Platform(s), as well as any other activities in connection with the Member thereon, shall have nothing to do with TARTRA; in no event shall TARTRA be responsible for those transaction(s) and activities of the Member;
(4) The services provided to Member via Cooperation Platform(s) are supplied by Cooperation Platform(s) or other third party; in no event shall TARTRA be responsible for those third party services (including but not limited to the online transaction services provided by Cooperation Platform(s));
(5) Member hereby agrees that TARTRA shall not be responsible for any and all damages resulting from the Member’s posting of the products or services on Cooperation Platform(s) or the linkage or connection of the Member to Cooperation Platform(s);
(6) Member shall comply with any and all rules and terms of Cooperation Platform(s), as well as the laws and regulations to the extent applicable (including but not limited to the laws and regulations concerning the content posted by the Member on Cooperation Platform(s)); Member shall indemnify and hold TAITRA harmless from and against any and all liabilities and damages (including but not limited to any court expenses and attorney fees) arising out of or in connection with the Member’s posting of the products or services, as well as any other activities, conducts and behaviors of the Member, on Cooperation Platform(s); and
(7) The linkage, connection or cooperation of Site and Cooperation Platform(s) is provided for the purposes of convenience to Member; in no event shall such linkage or connection be construed as an endorsement of TARIRA for the behaviors of Cooperation Platform(s) and its visitors, as well as the transactions performed thereon; Member shall bear the risk arising out of or in connection with its posting of products or services on Cooperation Platform(s).

5. PROHIBITED USES

5.1 Not for End User. The products or services listed on the Site shall be only for the purposes of business to business trades. No Member shall purchase any product or service as an end user or provide any end user with any product or service via the Site. The Member shall indemnify and hold TAITRA harmless from and against any and all damages and lost arising therefrom.

5.2 Security Violation. The Member 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 Member, host or network or sending unsolicited e-mail. Violation of the system or network security may result in civil or criminal liability.

5.3 Violation of Law. The Member 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 laws.

5.4 No Legal Capacity. The Member shall not use the Site if it does not have legal capacity to form legally binding contracts.

5.5 False Advertising. The Member shall not post any false, inaccurate, counterfeit country of origin, misleading or libelous content on the Site. Also, the advertisement shall not be fraudulent or involve sale of counterfeit goods.

5.6 Spam. The Member shall not engage in spamming, including but not limited to any form of emailing that is unsolicited.

5.7 Prohibition Contractual in Nature. The Member understands that the limitations set forth in this Section 5 and, as the case may be, otherwise provided in this Agreement are contractual in nature and may not be limited as a technical matter in the Site.

5.8 Listing Restriction. The Member shall not engage in the following activities on the Site:
(1) Release, post, or trade via the Site any controlled articles set forth in the Punishment of Smuggling Act, the smuggled goods controlled by the Customs Anti-Smuggling Act imported without the customs clearance, products or services infringing upon another person’s intellectual property right, and any products or services against applicable laws and regulations (You may also click this link to view the products prohibited or restricted by TAITRA from listing); and/or
(2) Provide any products or services deemed by TAITRA prohibited from being traded, or inappropriate to be traded, via the Site.

6. CONTENT LICENSE

By posting content on the Site or providing TAITRA with any content in any other manner, the Member unconditionally grants TAITRA a non-exclusive, perpetual, worldwide, irrevocable, royalty-free right (including but not limited to, the copyright and any other rights in the content owned by the Member) to use the content in order that TAITRA can host and display the content, compile statistics, conduct any analysis, use and make public the content related to business of TAITRA, promote the Site, and carry out the purposes set out in the Privacy Policy and/or any other matters related to this Agreement. For the avoidance of doubt, the license set forth in this Section 6 shall survive termination of this Agreement.

7. TRANSACTIONS BETWEEN THE MEMBERS

7.1 Independence of Site Provider. The Member acknowledges and agrees that TAITRA is not a party of, nor is it involved in, any transaction related to the Site as any buyer, supplier or trading counterparty, and TAITRA does not represent the supplier or the buyer either.

7.2 Assumption of Transaction Risks and Liabilities. The Member assumes full responsibility for all risks and liabilities in connection with the purchase or sale of products and services 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 services offered for sale on the Site, the ability of the suppliers to complete a sale (including but not limited to stock and logistics affairs) or the buyers to complete a purchase, misrepresentation, quality, quantity, safety, mislabeling, defective of the products or services, insolvency or overdue payment, fraudulent schemes, breach of warranties and delivery mishap). The Member shall be fully responsible for the aforementioned transaction risks and liabilities.

7.3 Terms and Conditions of Transactions. The Member shall be fully responsible for all the terms and conditions in connection with any transaction conducted on or through the Site, including but not limited to, payment terms, return policy, warranties, shipping method, fees, taxes, storage, delivery and insurance.

7.4 Dispute resolution of Transactions. The Member acknowledges and agrees that, if any dispute arising out of or in connection with any transaction conducted on or through the Site relates to any services provided by PayPal, such dispute shall be resolved under the mechanism of dispute resolution provided by PayPal; if the dispute relates to any services provided by HiTRUST and/or the issuing bank(s), Member shall reach HiTRUST and/or the issuing bank(s) for resolution; if the dispute relates to other institution(s) or product or service provider(s), Member shall reach the corresponding institution(s) or product or service provider(s) for resolution. Any dispute or matter arising out of or in connection with any transaction conducted on or through the Site shall be governed by the laws of the Republic of China, without reference to conflict of laws principles.

7.5 Indemnification. In the event any Member has a dispute with any trading counterparty, such Member agrees to indemnify and hold TAITRA harmless from any and all damages (including actual, direct, indirect, consequential and special damages) or expenses (including but not limited to those for claims, requests, actions, or demands (including court expenses and attorney fees)) suffered or incurred by TAITRA therefor.

8. MEMBER REPRESENTATIONS AND WARRANTIES

8.1 The Member hereby represents, warrants and agrees to (i) provide true, accurate, current and complete information about itself and its business references as may be required by TAITRA and (ii) maintain and promptly amend all information to keep it true, accurate, complete and updated.

8.2 The Member hereby represents, warrants and agrees that its use of the Service and the Site shall be free from the following circumstances:
(1) containing fraudulent information or making 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) infringing or otherwise encouraging the infringement or violation of any third party's copyright, patent, trademarks, trade secrets or other proprietary rights, privacy or other legitimate rights;
(3) violating any applicable laws, statutes or regulations, including without limitation those governing import/export control, unfair competition, foreign exchange control, anti-discrimination or false advertising;
(4) providing or promoting any information, content or material that is obscene;
(5) promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(6) containing information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
(7) involving attempts to copy, reproduce, exploit or expropriate TAITRA’s various proprietary directories, databases, listings and information;
(8) involving any scheme to undermine the integrity of the computer systems or networks used by TAITRA and/or any user of the Services, or attempt to gain unauthorized access to such computer systems or networks;
(9) involving 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) containing 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;
(11) linking directly or indirectly to or including descriptions of goods or services or other materials that are prohibited under any laws and regulations or this Agreement;
(12) being part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose; or
(13) directly or indirectly violating any applicable laws.

8.3 The Member acknowledges and agrees that TAITRA shall have no obligation to actively monitor or exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Services (although it reserves the right to do so). TAITRA does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications. The Member shall be held legally liable or accountable for the content of their comments or other material or information.

8.4 The Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to TAITRA or authorizes TAITRA to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. The Member further represents, warrants and agrees that it has the right and authority to make offers to purchase, offer to sell, sell, purchase, make payment for, distribute or license the products or services described in the material or information it posts on the Site or provides to TAITRA or authorizes TAITRA to display.

9. INTELLECTUAL PROPERTY

The text, images, layout, database, graphics, pictures, sounds or audio formats, software, brands and all other materials on 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 Services 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.

10. DISCLAIMER AND IMITATION OF LIABILITY

10.1 No Liability from Information Posted by the Member. TAITRA is not responsible, and shall have no liability to it or anyone else for any material posted by such Member 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 Member. TAITRA shall have no obligation to review any of the contents posted by Member on the Site.

10.2 No Liability from Site Services, Error or Interruption. TAITRA shall not in any way be liable to Members 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 Services or products obtainable therefrom; (ii) the unavailability or interruption of the Site or any features and applications thereof; (iii) Member’s use of the Site; (iv) the Service provided or the content contained on the Site; (v) any delay or failure in performance due to the use of or inability to use the Services; and/or (vi) the cancellation, termination or alternation of Services, in whole or in part, attributed to Member (including but not limited to fail to pay membership fee on time, renew the agreement on time and any other nonperformance of Member obligation).

10.3 Disclaimer of Provision of Services. The Site, the Services and/or the products, information and documents 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. The Members assume full responsibility and risk for use of the Services on or through the Site.

10.4 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 completed.

10.5 Own Risk. Any materials downloaded or obtained otherwise through the use of the Services is done at each Member’s sole discretion and risk, and each Member 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.

10.6 No Implied Warranty. TAITRA does not provide any warranties about the Service other than those expressly stated in this Agreement.

10.7 Links to Other Sites. The Site may contain links to third party web sites. These are provided solely as a convenience to Members and not in any way as an endorsement by TAITRA of the contents on such third-party web sites. If any Member accesses any linked third party web sites, such Member(s) does so entirely at its own risk.

10.8 Cooperate with Government Authorities. TAITRA reserves the right to cooperate fully with government(s), court(s), prosecution or investigation agency(ies), law enforcement body(ies), private investigator(s), and/or injured third party(ies) in the investigation of any suspected criminal, civil or administrative illegal conduct(s). TAITRA may disclose the Member's identity, contact and any other information, if requested by government(s), court(s), prosecution or investigation agency(ies), law enforcement body(ies), private investigator(s) or injured third party(ies), or as a result of a subpoena or other legal action, and TAITRA shall not be liable for damages or results thereof. The Member agrees not to bring any action, request or claim (including litigation) against TAITRA for such disclosure.

10.9 No 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 Member.

10.10 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 Member for all claims relating to the use of the Services, 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 the Member may have against TAITRA and shall not preclude the requirement by the Member to prove actual damages.

11. PRIVACY POLICY

The Privacy Policy of the Site shall be considered a part of this Agreement. 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 TAITRA Privacy Policy. As a result of the World Wide Web evolving constantly, 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. Members should review the Privacy Policy on a regular basis so they can be apprised of any changes.

12. TERMINATION

12.1 Termination by TAITRA. TAITRA may terminate this Agreement and any Member’s access to or use of the Site or any portion thereof, immediately, in its sole discretion without cause. Termination of this Agreement under this Section12.1 shall be in addition to, and not a waiver of, any remedy at law available to TAITRA.

12.2 Termination by the Member. The Member may terminate this Agreement by issuing a notification specifying its intention to terminate this Agreement to TAITRA. This Agreement shall be terminated upon TAITRA’s consent to such Member’s notification.

12.3 Upon termination of this Agreement, TAITRA shall have the rights, among other things, to remove, cancel or take down any and all information, materials, services and/or products posted by the Member. TAITRA may further notify any other Member of the Site (including but not limited to a Member involving in any proposed transaction regarding the services or products posted by such Member on the Site) or any other person of such termination to the extent that TAITRA deems appropriate.

13. MEMBER INDEMNIFICATION

Each Member agrees to indemnify, defend and hold harmless TAITRA, its employees, agents, directors, officers, affiliates, representatives, assigns, third party suppliers of information or documents or anyone acting on its behalf from any damages (including but not limited to any court expenses and attorney fees) related to such Member’s violation of this Agreement (including but not limited to the representatives and warranties provided by the Member herein) or 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, trademark, copyright or any other intellectual property rights in connection to the products, services or materials provided by Member on the Site. TAITRA reserves the right to assume the sole and exclusive defense and control of any matter subject to indemnification by the Members, which shall not excuse the Members’ indemnity obligations.

14. NOTICES

Except as explicitly provided herein or otherwise, the Member’s legal notices to TAITRA in connection with this Agreement shall be served by e-mail to member@taiwantrade.com or by registered mail to the address to 7 Fl., 333 Keelung Rd., Section 1, Taipei 11012, Taiwan ROC. TAITRA may deliver legal notices to the Member by e-mail or registered mail in accordance with the contact information provided by the Member 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.

15. MISCELLANEOUS

15.1 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the Republic of China, without reference to conflict of laws principles. Any dispute arising out of this Agreement shall be referred to the jurisdiction of the Taipei District Court in Taipei, the Republic of China for the first instance.

15.2 No Agency. This Agreement shall in no way create, or intend any agency, partnership, joint venture, employment or franchise relationship to be created, between Members and TAITRA.

15.3 Severability. If any provision or portion of this Agreement shall be deemed unenforceable or invalid by any court of competent jurisdiction, ,such provision or portion shall be struck out and the other provisions or portions of this Agreement shall remain in full force and effect. Any such 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 law(s).

15.4 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.

15.5 No Waiver. No waiver or failure by TAITRA to enforce any right or act with respect to any breach by a Member under this Agreement shall be deemed to waive TAITRA’s right to act with respect to any subsequent breaches.

15.6 Assignment. TAITRA shall have the right to assign this Agreement to any person or entity. Members may not assign this Agreement to any person or entity unless otherwise agreed by TAITRA.

15.7 Language. In case of any discrepancy between the traditional Chinese version of this Agreement and any of its translation, the traditional Chinese version shall prevail.

Taiwantrade / iDealEZ Membership Agreement for Buyer Member
1. PURPOSE AND SCOPE

1.1 The Agreement. The content herein sets forth the terms and conditions of the Taiwantrade/iDealEZ Online Membership Agreement (“Agreement”) between a member of the Taiwantrade/iDealEZ platform (“Member”) and the Taiwan External Trade Development Council (“TAITRA”). This Agreement shall govern any and all of the Member’s access and use of the website of Taiwantrade (URL: www.taiwantrade.com) and/or iDealEZ (URL: www.idealez.com) hold by TAITRA (collectively the “Site”).

1.2 Services of the Site. The Site provides an online platform for companies and organizations to use the services concerning business-to-business e-commerce trades, as well as other services, provided via the Site, including but not limited to services provided for enabling the listing and purchasing of the products or services for Members, subject to the terms and conditions set forth herein (“Services”). The Services regarding listing, ordering and purchasing of the products or services provided by TAITRA are currently free of charge. TAITRA reserves the right to charge for any and all of the Services at any time.

1.3 Amendment. TAITRA may, at its sole discretion, amend this Agreement at any time by posting the latest Agreement on the Site, without any specific notice to Member. It is the responsibility of Member to review the most recently published Agreement. No amendment or alteration shall be made to this Agreement without TAITRA’s prior consent.

2. ACCEPTANCE OF TERMS

2.1 The Member agrees to the terms and conditions outlined in this Agreement. By applying for membership with TAITRA, the Member accepts and agrees to be bound by this Agreement regardless of whether the Member has actually read and/or reviewed this Agreement or not. Further, by logging onto the Site with the member account and/or using or continuing using the Services provided on the Site, the Member accepts and agrees to be bound by the most updated version of this Agreement, if any. In the event the Member does not agree to any of the terms and conditions set forth in the most updated version of this Agreement, the Member shall cease from using the Services provided via the Site immediately.

2.2 This Agreement, together with the Site’s Privacy Policy, Terms of Use, Product Listing Policy, Liability Disclaimer, Intellectual Property Right Infringement Policy, Notice of Personal Information Protection, and the other terms and conditions provided from time to time by TAITRA for the Member to follow which are incorporated by reference herein, constitute the entire agreement between the Member and TAITRA, and supersede all prior understandings, agreements, undertakings or warranties with respect to the Site, the content, product or services provided by or through the Site and the subject matter of this Agreement.

3. MEMBERSHIP

3.1 Application of Membership. The Member shall be a legal entity or an individual having legal capacity to form legally binding contracts. Applicant wishing to use the services of the Site shall provide all information and documents requested by TAITRA, including but not limited to the information specified in the membership application form provided by TAITRA online. After the applicant enters the foregoing required information and agrees to and accepts the terms and conditions provided herein, TAITRA may then, at its sole discretion, permit request for membership.

3.2 Rejection and Suspension of Application. TAITRA may reject an application for the following reasons:

    1. (The information provided by the applicant in the membership application form, or any other information provided by the applicant to TAITRA and/or on the Site, is false, untrue, inaccurate or incomplete;
    2. The applicant requests for service through the Site in the name of a third party;
    3. The application is of an illegal nature or unreasonable; and/or
    4. Any other reason that TAITRA deems appropriate.

TAITRA may suspend the application and notify, through e-mail or by other way TAITRA deems appropriate, such applicant of pending its submission of additionally requested information and materials in order to determine whether application for membership may be accepted.

3.3 Membership Application Accepted. TAITRA may issue a Member ID and assign a password to the applicant whose application is permitted to access the Services through such Member’s account.

The Member shall be responsible for maintaining confidentiality of the Member ID, password and account information, and no Member shall share or permit the use of its Member ID, password or account information with any third party. The Member acknowledges and agrees that sharing of its Member ID, password or account information with other persons will cause irreparable harm to TAITRA and the Member shall indemnify TAITRA against any losses or damages suffered by TAITRA as a result of such sharing or multiple use of the account.

3.4 Alternation and Cancellation of Membership. TAITRA may, at its sole discretion (which may be based on including but not limited to suspension of business, company dissolution and/or other reason TAITRA deems appropriate ), cancel, modify, upgrade, alter, suspend or terminate the membership or application of the Member at any time without prior notice.

3.5 Information provided. The Member shall provide true, accurate, current and complete information in connection with its application of membership and use of the Site, and maintain and promptly amend all information to keep such information updated, true, accurate, current and complete.

4. PROVISION OF SERVICE

4.1 Content of the Service and Alteration thereof. TAITRA shall have the rights to determine the content and the way the Services provided. The Member confirms that TAITRA may, at its sole discretion, remove, modify, upgrade, suspend, cancel or terminate any and all of the Services at any time without prior notice to Member. In the event Member fails to provide any material necessary to the Services or to use the Services within the time period prescribed by TAITRA, Member shall not be capable of enjoying the Services and shall have no right to request for any damages resulting therefrom.

4.2 Limitation of Services. TAITRA shall have the right to limit the Member’s use of any and all of the Services, including but not limited to modifying or removing any contents posted on the Site by the Member, or review the contents provided by the Member before posting, for any reason, without giving any prior notice to the Member. TAITRA reserves the right in it sole discretion to remove any material it reasonably believes that is unlawful, could subject TAITRA to liability, violates this Agreement or is otherwise found inappropriate in TAITRA’s opinion. The Member acknowledges and agrees that TAITRA shall not be liable to any party for any limitation of the Services set by TAITRA to the Member.

4.3 Service Provided by Third Party. The Member acknowledges and agrees that the services offered via or relating to the Site may be provided by third parties (including but not limited to the services provided by PayPal, HiTRUST, the issuing bank(s), payment or amount transfer service provider(s), logistics service provider(s), certification service provider(s), and other product or service provider(s)), and TAITRA shall have no liability for such service(s) of the third party(ies). The Member shall follow the terms and conditions set forth by such third party provider (including but not limited to the restriction set forth by the third party in accordance with the applicable laws and regulations regarding foreign exchange control or others as the case may be). TAITRA is entitled to, at its sole discretion, remove, modify, upgrade, suspend, cancel or terminate any and all of such third party services at any time without prior notice to the Member. TAITRA shall not be liable for any of the foregoing measures.

5. PROHIBITED USES

5.1 Not for End User. The products or services listed on the Site shall be only for the purposes of business to business trades. No Member shall purchase any product or service as an end user or provide any end user with any product or service via the Site. The Member shall indemnify and hold TAITRA harmless from and against any and all damages and lost arising therefrom.

5.2 Security Violation. The Member 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 Member, host or network or sending unsolicited e-mail. Violation of the system or network security may result in civil or criminal liability.

5.3 Violation of Law. The Member 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 laws.

5.4 No Legal Capacity. The Member shall not use the Site if it does not have legal capacity to form legally binding contracts.

5.5 False Advertising. The Member shall not post any false, inaccurate, misleading or libelous content on the Site. Also, the advertisement shall not be fraudulent or involve sale of counterfeit goods.

5.6 Spam. The Member shall not engage in spamming, including but not limited to any form of emailing that is unsolicited.

5.7 Prohibition Contractual in Nature. The Member understands that the limitations set forth in this Section 5 and, as the case may be, otherwise provided in this Agreement are contractual in nature and may not be limited as a technical matter in the Site.

6. CONTENT LICENSE

By posting content on the Site or providing TAITRA with any content in any other manner, the Member unconditionally grants TAITRA a non-exclusive, perpetual, worldwide, irrevocable, royalty-free right (including but not limited to, the copyright and any other rights in the content owned by the Member) to use the content in order that TAITRA can host and display the content, compile statistics, conduct any analysis, use and make public the content related to business of TAITRA, promote the Site, and carry out the purposes set out in the Privacy Policy and/or any other matters related to this Agreement. For the avoidance of doubt, the license set forth in this Section 6 shall survive termination of this Agreement.

7. TRANSACTIONS BETWEEN THE MEMBERS

7.1 Independence of Site Provider. The Member acknowledges and agrees that TAITRA is not a party of, nor is it involved in, any transaction related to the Site as any buyer, supplier or trading counterparty, and TAITRA does not represent the supplier or the buyer either.

7.2 Assumption of Transaction Risks and Liabilities. The Member assumes full responsibility for all risks and liabilities in connection with the purchase or sale of products and services 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 services offered for sale on the Site, the ability of the suppliers to complete a sale (including but not limited to stock and logistics affairs) or the buyers to complete a purchase, misrepresentation, quality, quantity, safety, mislabeling, defective of the products or services, insolvency or overdue payment, fraudulent schemes, breach of warranties and delivery mishap). The Member shall be fully responsible for the aforementioned transaction risks and liabilities.

7.3 Terms and Conditions of Transactions. The Member shall be fully responsible for all the terms and conditions in connection with any transaction conducted on or through the Site, including but not limited to, payment terms, return policy, warranties, shipping method, fees, taxes, storage, delivery and insurance.

7.4 Dispute resolution of Transactions. The Member acknowledges and agrees that, if any dispute arising out of or in connection with any transaction conducted on or through the Site relates to any services provided by PayPal, such dispute shall be resolved under the mechanism of dispute resolution provided by PayPal; if the dispute relates to any services provided by HiTRUST and/or the issuing bank(s), Member shall reach HiTRUST and/or the issuing bank(s) for resolution; if the dispute relates to other institution(s) or product or service provider(s), Member shall reach the corresponding institution(s) or product or service provider(s) for resolution. Any dispute or matter arising out of or in connection with any transaction conducted on or through the Site shall be governed by the laws of the Republic of China, without reference to conflict of laws principles.

7.5 Indemnification. In the event any Member has a dispute with any trading counterparty, such Member agrees to indemnify and hold TAITRA harmless from any and all damages (including actual, direct, indirect, consequential and special damages) or expenses (including but not limited to those for claims, requests, actions, or demands (including court expenses and attorney fees) ) suffered or incurred by TAITRA therefor.

8. MEMBER REPRESENTATIONS AND WARRANTIES

8.1 The Member hereby represents, warrants and agrees to (i) provide true, accurate, current and complete information about itself and its business references as may be required by TAITRA and (ii) maintain and promptly amend all information to keep it true, accurate, complete and updated.

8.2 The Member hereby represents, warrants and agrees that its use of the Service and the Site shall be free from the following circumstances:

    1. ontaining fraudulent information or making 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. infringing or otherwise encouraging the infringement or violation of any third party's copyright, patent, trademarks, trade secrets or other proprietary rights, privacy or other legitimate rights;
    3. violating any applicable laws, statutes or regulations, including without limitation those governing import/export control, unfair competition, foreign exchange control, anti-discrimination or false advertising;
    4. providing or promoting any information, content or material that is obscene;
    5. promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    6. containing information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
    7. involving attempts to copy, reproduce, exploit or expropriate TAITRA’s various proprietary directories, databases, listings and information;
    8. involving any scheme to undermine the integrity of the computer systems or networks used by TAITRA and/or any user of the Services, or attempt to gain unauthorized access to such computer systems or networks;
    9. involving 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. containing 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;
    11. linking directly or indirectly to or including descriptions of goods or services or other materials that are prohibited under any laws and regulations or this Agreement;
    12. being part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose; or
    13. directly or indirectly violating any applicable laws.

8.3 The Member acknowledges and agrees that TAITRA shall have no obligation to actively monitor or exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Services (although it reserves the right to do so). TAITRA does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications. The Member shall be held legally liable or accountable for the content of their comments or other material or information.

8.4 The Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to TAITRA or authorizes TAITRA to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. The Member further represents, warrants and agrees that it has the right and authority to make offers to purchase, offer to sell, sell, purchase, make payment for, distribute or license the products or services described in the material or information it posts on the Site or provides to TAITRA or authorizes TAITRA to display.

9. INTELLECTUAL PROPERTY

The text, images, layout, database, graphics, pictures, sounds or audio formats, software, brands and all other materials on 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 Services 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.

10. DISCLAIMER AND IMITATION OF LIABILITY

10.1 No Liability from Information Posted by the Member. TAITRA is not responsible, and shall have no liability to it or anyone else for any material posted by such Member 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 Member. TAITRA shall have no obligation to review any of the contents posted by Member on the Site.

10.2 No Liability from Site Services, Error or Interruption. TAITRA shall not in any way be liable to Members 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 Services or products obtainable therefrom; (ii) the unavailability or interruption of the Site or any features and applications thereof; (iii) Member’s use of the Site; (iv) the Service provided or the content contained on the Site; (v) any delay or failure in performance due to the use of or inability to use the Services; and/or (vi) the cancellation, termination or alternation of Services, in whole or in part, attributed to Member (including but not limited to fail to pay membership fee on time, renew the agreement on time and any other nonperformance of Member obligation).

10.3 Disclaimer of Provision of Services. The Site, the Services and/or the products, information and documents 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. The Members assume full responsibility and risk for use of the Services on or through the Site.

10.4 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 completed.

10.5 Own Risk. Any materials downloaded or obtained otherwise through the use of the Services is done at each Member’s sole discretion and risk, and each Member 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.

10.6 No Implied Warranty. TAITRA does not provide any warranties about the Content other than those expressly stated in this Agreement.

10.7 Links to Other Sites. The Site may contain links to third party web sites. These are provided solely as a convenience to Members and not in any way as an endorsement by TAITRA of the contents on such third-party web sites. If any Member accesses any linked third party web sites, such Member(s) does so entirely at its own risk.

10.8 Cooperate with Government Authorities. TAITRA reserves the right to cooperate fully with government(s), court(s), prosecution or investigation agency(ies), law enforcement body(ies), private investigator(s), and/or injured third party(ies) in the investigation of any suspected criminal, civil or administrative illegal conduct(s). TAITRA may disclose the Member's identity, contact and any other information, if requested by government(s), court(s), prosecution or investigation agency(ies), law enforcement body(ies), private investigator(s) or injured third party(ies), or as a result of a subpoena or other legal action, and TAITRA shall not be liable for damages or results thereof. The Member agrees not to bring any action, request or claim (including litigation) against TAITRA for such disclosure.

10.9 No 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 Member.

10.10 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 Member for all claims relating to the use of the Services, 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 the Member may have against TAITRA and shall not preclude the requirement by the Member to prove actual damages.

11. PRIVACY POLICY

The Privacy Policy of the Site shall be considered a part of this Agreement. 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 TAITRA Privacy Policy. As a result of the World Wide Web evolving constantly, 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. Members should review the Privacy Policy on a regular basis so they can be apprised of any changes.

12. TERMINATION

12.1 Termination by TAITRA. TAITRA may terminate this Agreement and any Member’s access to or use of the Site or any portion thereof, immediately, in its sole discretion without cause. Termination of this Agreement under this Section12.1 shall be in addition to, and not a waiver of, any remedy at law available to TAITRA.

12.2 Termination by the Member. The Member may terminate this Agreement by issuing a notification specifying its intention to terminate this Agreement to TAITRA. This Agreement shall be terminated upon TAITRA’s consent to such Member’s notification.

12.3 Upon termination of this Agreement, TAITRA shall have the rights, among other things, to remove, cancel or take down any and all information, materials, services and/or products posted by the Member. TAITRA may further notify any other Member of the Site (including but not limited to a Member involving in any proposed transaction regarding the services or products posted by such Member on the Site) or any other person of such termination to the extent that TAITRA deems appropriate.

13. MEMBER INDEMNIFICATION

Each Member agrees to indemnify, defend and hold harmless TAITRA, its employees, agents, directors, officers, affiliates, representatives, assigns, third party suppliers of information or documents or anyone acting on its behalf from any damages (including but not limited to any court expenses and attorney fees) related to such Member’s violation of this Agreement (including but not limited to the representatives and warranties provided by the Member herein) or 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, trademark, copyright or any other intellectual property rights in connection to the products, services or materials provided by Member on the Site. TAITRA reserves the right to assume the sole and exclusive defense and control of any matter subject to indemnification by the Members, which shall not excuse the Members’ indemnity obligations.

14. NOTICES

Except as explicitly provided herein or otherwise, the Member’s legal notices to TAITRA in connection with this Agreement shall be served by e-mail to e-member@taiwantrade.com or by registered mail to the address to 7 Fl., 333 Keelung Rd., Section 1, Taipei 11012, Taiwan ROC. TAITRA may deliver legal notices to the Member by e-mail or registered mail in accordance with the contact information provided by the Member 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.

15. MISCELLANEOUS

15.1 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the Republic of China, without reference to conflict of laws principles. Any dispute arising out of this Agreement shall be referred to the jurisdiction of the Taipei District Court in Taipei, the Republic of China for the first instance.

15.2 No Agency. This Agreement shall in no way create, or intend any agency, partnership, joint venture, employment or franchise relationship to be created, between Members and TAITRA.

15.3 Severability. If any provision or portion of this Agreement shall be deemed unenforceable or invalid by any court of competent jurisdiction, such provision or portion shall be struck out and other provisions or portions of this Agreement shall remain in full force and effect. Any such 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 law(s).

15.4 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.

15.5 No Waiver. No waiver or failure by TAITRA to enforce any right or act with respect to any breach by a Member under this Agreement shall be deemed to waive TAITRA’s right to act with respect to any subsequent breaches.

15.6 Assignment. TAITRA shall have the right to assign this Agreement to any person or entity. Members may not assign this Agreement to any person or entity unless otherwise agreed by TAITRA.

15.7 Language. In case of any discrepancy between the English version of this Agreement and any of its translation, the English version shall prevail

TERMS OF USE

Welcome to our web site. The Terms of Use (“Terms of Use”) set forth herein is entered into between you (“User” or “you”) and the Taiwan External Trade Development Council (“TAITRA”, “we” or “us”). This Terms of Use shall govern any and all of your access and use of the websites of Taiwantrade (URL: www.taiwantrade.com) and/or iDealEZ (URL:www.idealez.com) hold 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 to these 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 of the information, materials, documents, text, images, video clips, directories, files, databases, listings, service, 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”).

1.2 Amendment. TAITRA may, at its sole discretion, amend this Terms of Use at any time by posting the latest Terms of Use on the Site, without any specific notice to User. It is the responsibility of User to review the most recently published Terms of Use. No amendment or alteration shall be made to this 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 this Terms of Use. By accessing and/or using the Site, User accepts and agrees to be bound by this Terms of Use regardless of whether User has actually read and/or reviewed this Terms of Use or not. Further, by accessing, using, continuing accessing and/or using the Site, User accepts and agrees to be bound by the most updated version of this Terms of Use, if any. In the event User does not agree any of the terms and conditions set forth in the most updated version of this Terms of Use, User shall cease from accessing and/or using the Site immediately.

2.2 This 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 User to follow (together with, if User is the 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 service provided by or through the Site and the subject matter of this Terms of Use.

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, 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 capable of enjoying the services of the Site and shall have no right to request for 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 it sole discretion to remove any material it reasonably believes that is unlawful, could subject TAITRA to liability, violates this 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 of the use of the Content set by TAITRA to User.

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”), including but not limited to the Third Party Content provided by a registered user of the Site (“Member”), PayPal, HiTRUST, the issuing bank(s), payment or amount transfer service provider(s), logistics service provider(s), certification service provider(s), eBay, and/or other trading platforms, and TAITRA shall have no liability for such Third Party Content. The Member shall follow the terms and conditions set forth by such third party provider (including but not limited to the restriction set forth by the third party in accordance with the applicable laws and regulations regarding foreign exchange control or others as the case may be). 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 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. Any use of the Content for any purpose not expressly permitted in this Terms of Use is prohibited. User agrees that it shall not copy, reproduce, download and/or systematic 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 Not for End Consumer. The products or services listed on the Site shall be only for the purposes of 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.

4.3 Security 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 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 laws.

4.5 No Legal Capacity. User shall not use the Site if it does not have legal capacity to form legally binding contracts.

4.6 False Advertising. User shall not post any false, inaccurate, misleading or libelous content on the Site. Also, the advertisement shall not be fraudulent or involve sale of counterfeit goods.

4.7 Spam. User shall not engage in spamming, including but not limited to any form of emailing that is unsolicited.

4.8 Prohibition Contractual in Nature. User understands that the limitations set forth in this Section 4 and, as the case may be, otherwise provided in this Terms of Use are contractual in nature and may not be limited as a technical matter in the Site.

4.9 User 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;

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;

  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 is obscene;
  3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  4. contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
  5. involve attempts to copy, reproduce, exploit or expropriate TAITRA’s various proprietary directories, databases, listings and information;
  6. 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;
  7. 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 or hardware system, data or personal data;
  8. 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;
  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 this Terms of Use;
  10. be part of a scheme to defraud other Users or other users of the Site or for any other unlawful purpose; and/or
  11. directly or indirectly violate any applicable laws.

5. TRANSACTIONS BETWEEN MEMBERS

5.1 Independence 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, supplier or trading counterparty, and TAITRA does not represent the supplier or the buyer either.

5.2 Assumption 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 (including but not limited to stock and logistics affairs) or the buyers to complete a purchase, misrepresentation. quality, quantity, safety, mislabeling, defective of the products or Content, insolvency or overdue payment, fraudulent schemes, breach of warranties and delivery mishap). The Member shall be fully responsible for the aforementioned transaction risks and liabilities.

5.3 Indemnification. In the event any User has a dispute with any trading counterparty, such User agrees to indemnify and hold TAITRA harmless from any and all damages (including actual, direct, indirect, consequential and special damages) or expenses (including but not limited to those for claims, requests, actions, or demands (including court expenses and attorney fees)) suffered or incurred by TAITRA therefor.

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

7.1 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.

7.2 No 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 or third party. TAITRA shall have no obligation to review any of the contents posted by User on the Site.

7.3 No Liability from Service, 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 service provided or the Content contained on the Site; (v) any delay or failure in performance due to the use of or inability to use the Site; and/or (vi) the cancellation, termination or alternation of the services of the Site, in whole or in part, attributed to User (including but not limited to fail to pay membership fee on time, renew the agreement on time and any other nonperformance of User obligation).

7.4 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 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.

7.5 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, 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 completed.

7.6 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 its computer system or loss of data that results from the download or use of any such material.

7.7 No Implied Warranty. TAITRA does not provide any warranties about the Service other than those expressly stated in this Terms of Use.

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.

7.9 Cooperate with Government Authorities. TAITRA reserves the right to cooperate fully with government(s), court(s), prosecution or investigation agency(ies), law enforcement body(ies), private investigator(s), and/or injured third party(ies) in the investigation of any suspected criminal, civil or administrative illegal conduct(s). TAITRA may disclose the User's identity, contact and any other information, if requested by government(s), court(s), prosecution or investigation agency(ies), law enforcement body(ies), private investigator(s) or injured third party(ies), 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.

7.10 No 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.

7.11 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; 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.

8. PRIVACY POLICY

The Privacy Policy of the Site shall be considered a part of this 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 TAITRA Privacy Policy. As a result of the World Wide Web evolving constantly, 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.

9. USER INDEMNIFICATION

Each User agrees to indemnify, defend and hold harmless TAITRA, its employees, agents, directors, officers, affiliates, representatives, assigns, 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 Terms of Use (including but not limited to the representatives 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.

10. NOTICES

Except as explicitly provided herein or otherwise, legal notices to TAITRA in connection with this Terms of Use shall be served by e-mail to e-member@taiwantrade.comor 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. MISCELLANEOUS

11.1 Governing Law and Jurisdiction. This 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 this Terms of Use shall be referred to the jurisdiction of the Taipei District Court in Taipei, the Republic of China for the first instance.

11.2 No Agency. This Terms of Use shall in no way create, or intend any agency, partnership, joint venture, employment or franchise relationship to be created, between Users and TAITRA.

11.3 Severability. If any provision or portion of this Terms of Use shall be deemed unenforceable or invalid by any court of competent jurisdiction, such provision or portion shall be struck out and other provisions or portion of this Terms of Use shall remain in full force and effect. Any such 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 law(s).

11.4 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.

11.5 No Waiver. No waiver or failure by TAITRA to enforce any right or act with respect to any breach by a User under this Terms of Use shall be deemed to waive TAITRA’s right to act with respect to any subsequent breaches.

11.6 Assignment. TAITRA shall have the right to assign this Terms of Use to any person or entity. Users may not assign this Terms of Use to any person or entity unless otherwise agreed by TAITRA.

11.7 Language. In case of any discrepancy between the traditional Chinese version of this Terms of Use and any of its translation, the traditional Chinese version shall prevail.

PRIVACY POLICY

This Privacy Policy identifies and describes the way Taiwan External Trade Development Council ("TAITRA", "we" or "us") uses and protects the information we collect via the websites of Taiwantrade (URL: www.taiwantrade.com) and/or iDealEZ (URL: www.idealez.com) ( collectively the "Site") about the visitors of the Site ("Visitors"). All uses of the Site are subject to this Privacy Policy. By using the Site, you consent to our Privacy Policy set out herein.

1. Definition

Expressions defined in the Membership Agreement entered between you and TAITRA, if any, shall (unless otherwise specifically defined herein or the context requires) have the same meanings when used in this Privacy Policy.

2. Purpose for Information Collection

TAITRA may collect information from Visitors for purposes of providing online trading and other services of the Site, as well as marketing services and special events of TAITRA, or any purposes you agree.

3. Classification of Personal Information

In operating the Site we may collect and process the following information about you:

  1. Information that you provide by filling in forms on our website, such as when you registered for information or make a purchase, including but not limited to your name, address, phone/fax number, email address, company profile, product catalog, trade leads, billing information, credit card numbers, expiration dates and tracking information from checks or money orders, and other information about your business;
  2. Details of your visits to the Site and the resources that you access, including but not limited to traffic data, location data, weblogs and other communication data;
  3. Information provided to us or others when you communicate with us or others via the Site for any reason; and
  4. Other information you provide to the Site or us.

4. Time Period, Area, Target and Way of Use of Personal Information

TAITRA maintains a confidentiality policy on all personal information submitted by the Visitors via the Site and, for Members, TAITRA will use and/or release the submitted information in accordance with the agreement between you and TAITRA.
Your personal information will be, subject to legal requirements, retained by TAITRA until you formally request us to erase your personal information.
Information collected via the Site may be stored and processed in any country in which TAITRA operates, and by using the Site, you consent to any transfer of information outside of your country.
TAITRA may provide your information to its agents, contractors or service provider which provides online payment verification or other related services (such as PayPal, HiTRUST, issuing banks, payment or amount transfer service provider(s), logistics service provider(s), certification service provider(s), eBay, and other trading platforms cooperated with TAITRA) to provide services on the Site. When Members sign up for such services, the service provider/PayPal will collect additional information (e.g., credit card number) from Members as necessary for it to provide the online payment services. On occasion, we may gather information about your computer for our services and to provide statistical information regarding the use of our website to our partners.
We may gather information about your general internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computer's hard drive. They help us to improve our website and the service that we provide to you. You may decline our use of cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website. The third party service provider of the Site may also use cookies, over which we have no control. Such cookies (if used) might be downloaded once you use the services such third party service provider offered via the Site.

5. Access and Correction

You are entitled to make a access to and request for a review of your own personal information. Subject to the applicable laws, you may request to make duplications of, to supplement or correct, to discontinue collection, processing or use of, or to delete your own personal information,. You may log in your account of the Site to make the access and request for the review. You may also contact us to proceed with it.

6. Consequences for Non-provision of Information

In the event you do not provide the information as requested, you may not be able to enjoy the services of the Site or achieve the purposes for which you use the Site (for instance, you may not be able to perform the online transaction on the Site).

7. Change to Privacy Policy

Any changes to this Privacy Policy will be communicated through our posting an amended and restated Privacy Policy on the Site. Our posting the amended and restated Privacy Policy will make such new Privacy Policy immediately effective unless otherwise specified by us. You agree that all information collected via the Site (whether or not collected prior to or after the new policy became effective) will be governed by the newest Privacy Policy then in effect. If you do not agree to the new changes in our Privacy Policy, you should contact TAITRA in writing and specifically request that TAITRA return and/or destroy all copies of all or part of your personal data in TAITRA’s possession.

8. Language

In case of any discrepancy between the traditional Chinese version of this Privacy Policy and any of its translation, the traditional Chinese version shall prevail.

9. Questions or Suggestions

If you have any questions or suggestions, please send an email to: e-member@taiwantrade.com

Intellectual Property Right Infringement Policy

1. General
The websites of Taiwantrade (URL: www.taiwantrade.com) and/or iDealEZ (URL: www.idealez.com) (collectively the “Site”) hold by Taiwan External Trade Development Council (“TAITRA”, “we” or “us”) provide user(s) ("User") with an online platform for companies and organizations to use the services concerning business-to-business e-commerce trades, as well as other services, provided via the Site for engaging in e-commerce business. We respect the intellectual property rights of others and expect the User of the Site to do the same. We contractually prohibit our User from using the service to provide products and/or services that infringe third party copyright, trademark, patent and/or any other intellectual property rights, and any such unauthorized use of other User’ or third parties’ materials is strictly prohibited on the Site.
Our contact window for the matters specified herein is as follows:
Taiwan External Trade Development Council
Attention: Trade Net Center
Address: 7 Fl., 333 Keelung Rd., Section 1, Taipei 11012, Taiwan ROC
Tel: 0800-506-088 (local call)
Tel: +886-800-506-088 (international call)
Fax:+886 (2) 2757-6245
Email:e-member@taiwantrade.com
This Infringement Policy is made in traditional Chinese. In case of any discrepancy between the traditional Chinese version and any of its translation, the traditional Chinese version shall prevail.

2. Copyright Infringement

(1) Takedown Notice from Right Holder

If a Right Holder of copyright or plate right, or an exclusive licensee of the same, (“Right Holder”) believes that its right is being used by a User of the Site in a way that constitutes copyright or plate right infringement, it may provide TAITRA with a notice (“Notice”) containing the follows pursuant to Chapter 6-1 of Taiwan Copyright Law:

    1. Contact information: the name, address, telephone number, fax number, email address, and other contact information of such Right Holder or its authorized agent;
    2. The name of the work of the copyright or plate right alleged to have been infringed;
    3. A statement requesting for the removing or disabling the access to the content infringing the copyright or plate right;
    4. A description sufficient to permit TAITRA to indentifying the content claimed to be infringing and the URL of such content;
    5. A statement that it is believed by the Right Holder in good faith that the use of content claimed to be infringing is unauthorized or in violation of the Copyright Law; and
    6. A representation that the Right Holder consents to any and all liabilities which may be incurred under the applicable laws if any of the information contained in the Notice is untrue or inaccurate and therefore prejudice to others.

The Notice shall be provided in writing and serviced to TAITRA by mail or fax with the physical signature or affixing of seal from the Right Holder or its authorized agent. Right Holder or its authorized agent may send by e-mail the scan copy of the Notice with the physical signature or affixing of seal from such Right Holder or its agent to TAITRA, under which an electronic signature is not required. In case the Notice is issued by an authorized agent, please provide us with the name of the Right Holder, together with a statement that such agent is duly authorized to act on behalf of the Right Holder.

(2) Counter Notice

A User who has posted material that allegedly infringes a copyright or plate right may send TAITRA a counter notice (“Counter Notice”) pursuant to Chapter 6-1 of Taiwan Copyright Law by providing us with the follows.

    1. Contact information: the name, address, telephone number, fax number and email address of such User or its authorized agent;
    2. A statement requesting for reinstatement of the content removed or disabled;
    3. A description sufficient to permit TAITRA to indentifying the content;
    4. A statement that it is believed by the User in good faith that the use of content is permitted under the laws and the removal or disabling of access is due to the untrue or mistaken statement of the Right Holder or its agent;
    5. Consent to TAITRA to convey the Counter Notice to the Right Holder or its agent; and
    6. A representation that the User consents to any and all liabilities which may be incurred under the applicable laws if any of the information contained in the Notice is untrue or inaccurate and therefore prejudice to others.

The Counter Notice shall be provided in writing and serviced to TAITRA by mail or fax with the physical signature or affixing of seal from the User or its authorized agent. The User or its authorized agent may send by e-mail the scan copy of the Counter Notice with the physical signature or affixing of seal from such User or its agent to TAITRA, under which an electronic signature is not required. In case the Counter Notice is issued by an authorized agent, please provide us with the name of the User, together with a statement that such agent is duly authorized to act on behalf of the User.

(3) Procedure for Handling Claimed Copyright Infringement

    1. Upon receipt of the Notice of takedown, TAITRA will remove or disable the access to the challenged content and/or information within an expeditious period of time, and will transfer the Notice to the User via e-mail provided by the User to TAITRA. TAITRA will notify the User of the action taken by TAITRA in response to the Notice and may provide the User with the contact information of the Right Holder and/or its agent so that the User may contact the Right Holder and/or its agent directly for responding.
    2. In the event the information provided in the Notice is incomplete, TAITRA may request the Right Holder or its agent to provide the supplement information. Such request for supplement information will be issued by TAITRA in 5 working days from the receipt of the Notice via e-mail or other contact information provided by the Right Holder or its agent. The Right Holder or its agent shall provide TAITRA with the supplement information in 5 working days from the receipt of the request for supplement information. In the event no supplement information is provided to TAITRA or the supplement information provided is incomplete, it shall be deemed that no Notice is issued to TAITRA.
    3. When TAITRA receives a Counter Notice, TAITRA will provide the Right Holder or its agent with such Counter Notice. TAITRA will reinstate the material in question in not less than 10 nor more than 14 working days after the Counter Notice is conveyed by TAITRA to the Right Holder or its agent unless TAITRA first receive a notice from the Right Holder or its agent that they have filed a legal action to restrain the allegedly infringing activity.
    4. In the event the information provided in the Counter Notice is incomplete, TAITRA may request the User or its agent to provide the supplement information. Such request for supplement information will be issued by TAITRA in 5 working days from the receipt of the Counter Notice via e-mail or other contact information provided by the User or its agent. The User or its agent shall provide TAITRA with the supplement information in 5 working days from the receipt of the request for supplement information. In the event no supplement information is provided to TAITRA or the supplement information provided is incomplete, it shall be deemed that no Counter Notice is issued to TAITRA.
    5. In the event a User involves infringement 3 times or more, TAITRA will terminate all or part of the services provided to such User via the Site.

3. Other IP Infringement

(1) Takedown Notice from Right Owner

If you believe that certain other IP right of yours (such as trademark or patent rights) is being infringed by a User of the Site, please provide us with the follows:

    1. A description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site (in most circumstances, we will need as least a URL);
    2. Identification of the IP right alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP right; (ii) evidence of ownership to the IP right in the relevant jurisdiction, including copies of relevant patents or trademarks registrations, certifications or other documentary evidence of your ownership; and (iii) a showing sufficient for TAITRA to determine without unreasonable effort that the IP right has been infringed;
    3. A statement that it is believed in good faith that the disputed use is not authorized by the right owner, its agent, or the law;
    4. A statement that all of the information in the notice is accurate and that you are the IP right owner or are authorized to act on behalf of the IP right owner.
      Information sufficient to permit TAITRA to contact you or your authorized agent, including a name, address, telephone number and an email address; and
  1. Your physical signature, or a physical signature of a person authorized to act on your behalf.

(2) Procedure for Handling Claimed IP Infringement
Upon receipt of the notice as described above, TAITRA may (i) seek to confirm the existence of the IP on the Site; (ii) notify the User who posted the material including the IP; and/or (iii) take whatever action in its sole discretion as it deems appropriate, including temporary or permanent removal of the material concerned from the Site. The User may respond to the takedown notice by showing either of the follows: (i) the claimant does not own the IP right, or the IP right has been cancelled, expired and/or lapsed; (ii) the User has an unexpired license covering the use or some other relevant right to the use of the IP, such as the right granted under a trademark registration for trademark dispute event; and/or (iii) the use is non-infringing.
If the User objects to the takedown notice, we may resume the User’s listing unless we receive notice from the right holder and/or its agent that an action has been filed against the User in a court of competent jurisdiction for infringement of the IP right. If TAITRA decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.
TAITRA may notify the User of the right holder and/or its agent’s takedown request and provide the User with the contact information of the right holder and/or its agent so that the User may contact the right holder and/or its agent directly for responding.

4. TAITRA Has No Obligation to Adjudicate IP Claim

Claimants and Users must understand that TAITRA is not a tribunal of disputes regarding intellectual property rights. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. By taking down a listing, TAITRA is not endorsing a claim of infringement. Similarly, in instances in which TAITRA declines to take down a listing, TAITRA does not determine that the listing is not infringing, nor is it endorsing the sale of the products in such cases. If a User responds to a claim of infringement by providing assurances that its content is not infringing, the User agrees that if the content is thereafter reinstated or maintained, the User will defend and hold TAITRA harmless from any resulting claims of infringement brought against TAITRA (including but not limited to court expenses and attorney fees).


NOTICE OF COPYRIGHT INFRINGEMENT
COUNTER NOTICE (COPYRIGHT)

Product Listing Policy

The Product Listing Policy (the "Policy") describes the products or services restricted or prohibited from being listed on the websites of Taiwantrade (URL: www.taiwantrade.com) and iDealEZ (URL: www.idealez.com) (hereinafter collectively referred to as the “Site”). Please read the Policy carefully and confirm that your products or services are permitted to be posted on the Site prior to posting any products or services.

General

The posting or sale of any products or services against any applicable laws, including but not limited to the laws of the R.O.C. and applicable laws of any other jurisdictions, is strictly prohibited on the Site. Please note that the Site is a multi-national online platform for e-commerce trades. The products or services provided by you shall comply with the laws and regulations in both the import country and export country, including the country’s import/export laws and regulations and relevant local requirements. Please verify and confirm that the products or services comply with any applicable laws and regulations prior to posting the products or services on the Site. The Site is entitled to prohibit any products or services in violation of said requirements.

The products or services prohibited or restricted under the Policy are non-exhaustive. The Site reserves the right to amend the Policy from time to time without notice.

The Policy is made in traditional Chinese. In case of any discrepancy between the traditional Chinese version and any of its translation, the traditional Chinese version shall prevail.

Contents of obscenity, pornography and violence;

Classification

The Site strictly prohibits the display or sale of texts, pictures, voices, images and attachments thereto or any other product with obscene contents and it prohibits publications (publications/books containing text or descriptive drawings and audio products), videotapes (video tapes/films displaying systematic voice and image on TV receivers or similar machines via electronic scanning), and game software (software integrating texts, sound, light, music, pictures, images, or animation etc. provided to users via electrical devices for gaming purposes) etc. not classified under the “Regulations for Classification of Publications and Videotapes” and “Regulations for Classification of Game Software.”

Please note that prior to display or sale of any content, you shall classify such content pursuant to the relevant regulations, including but not limited to the “Regulations for Classification of Publications and Videotapes” and “Regulations for Classification of Game Software.”


Relevant laws & regulations

Criminal Code

Article 235

A person who distributes, sells, publicly displays or by other means shows to another person the text, picture, voice, image or other goods with obscene contents shall be punished with imprisonment for not more than two years or detention; in addition, a fine of not more than NT$30,000 may be imposed.

A person who, with intent to distribute, communicate and sell, makes or is found in possession of the text, picture, voice, image and attachments thereto or other goods referred to in the preceding paragraph shall be subject to the same punishment.

The text, picture, voice or image and attachments thereto or other goods referred to in the preceding two paragraphs shall be confiscated whether or not they belong to the offender.

For other relevant provisions, please see the Criminal Code, Regulations for Classification of Publications and Videotapes and Regulations for Classification of Game Software.

Drugs, related raw materials, products, and tools for manufacturing or abuse of drugs

The Site strictly prohibits the display or sale of any addictive or abusive narcotic drugs or narcotic drugs harmful to society and the products thereof, as well as psychotropic drugs and the products thereof, including: (1) Heroin, Morphine, Opium, Cocaine and other similar products; (2) Opium poppy, Coca, marijuana, Amphetamine, Pethidine, Pentazocine and other similar products; (3) Secobarbital, Amobarbital, Nalorphine and other similar products; (4) Allobarbital, Alprazolam and other similar products, and related raw materials (flowers, leaves, roots, stems, seeds) or products (drinks, foods, cosmetics and beauty care products) and tools for manufacturing or abuse of drugs.

Relevant laws & regulations

Statute for Narcotics Hazard Control

Article 2:

The drugs referred to herein mean any addictive or abusive narcotic drugs or narcotic drugs harmful to society and the products thereof, as well as psychotropic drugs and the products thereof.

Four grades of drugs are categorized according to the addiction, abuse and social hazard of the drugs, including:

1. 1st grade: Heroin, Morphine, Opium, Cocaine and other similar products (see Attached Schedule 1);

2. 2nd grade: Opium poppy, Coca, Marijuana, Amphetamine, Pethidine, Pentazocine and other similar products (see Attached Schedule 2);

3. 3rd grade: Secobarbital, Amobarbital, Nalorphine and other similar products (see Attached Schedule 3);

4. 4th grade: Allobarbital, Alprazolam and other similar products (see Attached Schedule 4).

The grading and scope of the drugs referred to in the preceding paragraph shall be reviewed every three months by a Review Board consisting of delegates from the Ministry of Justice and Department of Health, Executive Yuan, and any adjustment thereto shall be published by Executive Yuan, which shall be sent to Legislative Yuan for record.

The Narcotic drugs and the products thereof, and psychotropic drugs and the products thereof for medical and scientific purposes shall be governed by separate laws.

Article 4:

Any person who manufactures, transports and sells 1st grade drugs shall be sentenced to death, or life imprisonment; in addition thereto, a fine of no more than NT$20,000,000 may be imposed.

Any person who manufactures, transports and sells 2nd grade drugs shall be sentenced to life imprisonment or imprisonment of more than 7 years; in addition thereto, a fine of no more than NT$10,000,000 may be imposed.

Any person who manufactures, transports and sells 3rd grade drugs shall be sentenced to imprisonment of more than 7 years; in addition thereto, a fine of no more than NT$7,000,000 may be imposed.

Any person who manufactures, transports and sells 4th grade drugs shall be sentenced to imprisonment of more than 5 years but less than 12 years; in addition thereto, a fine of no more than NT$3,000,000 may be imposed.

Any person who manufactures, transports and sells the tools for manufacturing or abuse of drugs shall be sentenced to imprisonment of more than 1 year but less than 7 years; in addition thereto, a fine of no more than NT$1,000,000 may be imposed.

Any attempt to commit the crimes referred to in the above five paragraphs shall be punishable.

For other relevant provisions, please see the Statute for Narcotics Hazard Control.

Controlled imported/exported goods

The Site strictly prohibits the display or sale of controlled or smuggled goods identified in the “Statute for Punishment of Smuggling,” “Statute of the Customs Anti-smuggling Act,” “Regulations Governing Permission of Trade between Taiwan and China,” “Regulations for Management of Export and Import of High-tech Commodities,” “Optical Disk Management Act,” “Management Regulations for Export of Goods” and the relevant decrees and orders, and the imported or exported goods controlled by Ministry of Economic Affairs under the relevant trading laws and regulations. The goods include, but are not limited to: Guns; bullets; explosives; toxic gases and other weapons (including spare parts and accessories); forged or counterfeit currency, coins and notes; marketable securities; stamps; duty stamps and other tax receipts/certificates; and Opium; marijuana; Cocaine; chemical synthesis narcotic drugs and the various agents; containers and seeds for said goods; unlicensed reproduced books (other than those for personal use) and the originals of the reproduced books (including the originals of compositions and photographs); unlicensed reproduced music records (other than those for personal use); master tapes of the reproduced music records (the original of the music records) and labels and covers of the reproduced music records; unlicensed reproduced voice recordings and videotapes (other than those for personal use).

Please note that prior to display of any products or services, you shall read the relevant regulations for import and export of goods provided by Bureau of Foreign Trade and also view the import/export regulations site of the Bureau of Foreign Tradefor the relevant import/export requirements about your products or services to confirm that your products or services comply with the requirements.

Tobacco products

The Site strictly prohibits the display or sale of cigarettes, cut tobacco, cigars and other products entirely or partly made of the leaf tobacco or its substitute as raw materials which are manufactured to be used for smoking, chewing, sucking, snuffing or other methods of consuming. Merchandise with brand names or trademarks identical or similar to tobacco products, and candies, snacks, toys or any other objects in form of tobacco products are prohibited.

Relevant laws & regulations

Tobacco Hazard Prevention Act

Paragraph 1 of Article 2 provides that the term “Tobacco products” defined herein refer to cigarettes, cut tobacco, cigars and other products entirely or partly made of the leaf tobacco or its substitute as raw materials which are manufactured to be used for smoking, chewing, sucking, snuffing or other methods of consuming.

Paragraph 1 of Article 5 provides that tobacco products shall not be sold by vending machines, mail orders, e-shopping, or any other methods through which the age of the consumers cannot be screened by the vendors.

Paragraph 1 of Article 9 provides that the promotion or advertising of tobacco products shall not be done via Internet.

Paragraph 7 of Article 9 provides that the promotion of tobacco products shall not use merchandise with brand names or trademarks identical or similar to tobacco products in conducting promotion or advertising.

Article 14 provides that no person shall manufacture, import or sell candies, snacks, toys or any other objects in the form of tobacco products.

For other provisions, please see the Tobacco Hazard Prevention Act.

Wines

The Site strictly prohibits the sale of alcohol, including beverages having alcohol content by volume of more than 0.5 percent, undenatured ethyl alcohol and other ethyl products that can be used for the production or preparation of the above-mentioned beverages. When posting wine advertisement, your company shall comply with any and all laws and regulations, as well as the rules issues by the authorities (including but not limited to Article 37 of the Tobacco and Alcohol Administration Act, Articles 11 and 12 of the Enforcement Rules of the Tobacco and Alcohol Administration Act).

Relevant laws & regulations

Tobacco and Alcohol Administration Act

Articles 4.1 to 4.3 provide that alcohol referred to in this Act shall mean beverages having an alcohol content by volume of more than 0.5 percent, undenatured ethyl alcohol and other ethyl products that can be used for the production or preparation of the above-mentioned beverages. Alcohol which is regarded as medicine in accordance with the acts or regulations of the central health authority shall be exempted from administration as alcohol under this Act.

Article 30.1 provides that alcohol products shall not be sold by vending machines, mail orders, e-shopping, or any other methods through which the age of the consumers cannot be screened by the vendors.

Article 37 provides that Alcohol advertisements and promotions shall be conspicuously labeled with the warnings " Driving After Drinking is Prohibited," and further with second warning such as "Excessive Drinking Endangers Health," or other warnings, and shall not involve any of the following:

1. Violation of public order and good morals.

2. Encouraging or advocating consumption of alcohol.

3. Targeting of children or youths, or harming the mental and physical wellbeing of children, youths, or pregnant women.

4. Content that is deceptive, exaggerated, fabricated, or easily misinterpreted.

5. Labeling, advertising, or promotions that implicitly or explicitly indicate medical or health effects.

6. Other matters whose prohibition is publicly announced by the central competent authority.

Enforcement Rules of the Tobacco and Alcohol Administration Act

Article 10.1

The term "advertising" as referred to in Article 37 of the Act shall mean propagating the content of promotion to the general public by utilizing television, broadcasting, films, slides, newspapers, magazines, flyers, posters, signboards, memorial archways, computer networks, fax, electronic videos, electronic voice, or other means.

Article 11

Other warnings pursuant to Article 37 of the Act shall be handled in compliance with the Regulations Governing the Labeling of the Alcohol Products.

The health warning label on advertising or promotional materials of alcohol products set forth in Article 37 of the Act shall continuously appear thereon and independently occupy at least 10% of the space of the entire page, and the space for the written characters shall not be smaller than 50% of the space of the background, except for the image attached to Article 9, the warning label may not display any text or image that is not related to the warning. In the case of television or other image commercials or promotion, the warning shall constantly appear in an overlapping manner. In the case of mere sound advertisement or promotion, the health warning shall be clearly disclosed by sound.

The color of the warning set forth in the preceding Paragraph shall be in contrast with the background color of the advertising or promotional materials.

Article 12

With regard to the provision where advertising or promotion of alcohol shall not contain deceptive, exaggerated, distorted facts or content that are easily misinterpreted, set forth in Article 37, Subparagraph 4 of the Act, the provision states that the advertising or promotion shall not have false or misleading statements or use translation wording, labels of the same category, type, and style, other similar labels, or additional remarks to state that the alcohol is produced from somewhere else. This provision shall apply to those with correct labels of the actual place of origin as well.

Regulations Governing the Labeling of the Alcohol Products

Article 11

Warning label on alcohol products shall be at least 2.65 mm in font size and be placed in a conspicuous place on the container’s largest external surface. Such statement shall be on a contrasting background for ready legibility.

The warning label referred in the preceding paragraph, except on ethyl alcohol, shall be labeled as “Excessive consumption of alcohol is harmful to health” or one of the followings:

1. To be safe, don’t drink and drive.

2. Excessive drinking is harmful to you and others.

3. Drinking is prohibited if under 18 years old.

4. Large quantity intake of alcohol product in a short period of time is lethal.

5. Other warnings approved by the central competent authority.

Ethyl alcohol shall be labeled with one of the followings:

1. Highly flammable. Keep away from sources of fire, sparks, and flames.

2. Irritating to eyes, skin, and respiratory system and should be kept in a cool and ventilated location with cap on tightly.

Letter of the Ministry of Finance no. tai-cai 0930303448 (2004.4.19) provides that, for Internet advertisement, the health label shall be clearly displayed in conjunction with the wine advertisement at any time; in case of scroll of the wine advertisement, the health label shall be conspicuous to viewers for each item of the wine product.

For other provisions, please see the Tobacco and Alcohol Administration Act, Enforcement Rules of the Tobacco and Alcohol Administration Act

,

Compilation of Laws for Tobacco and Alcohol Administration, Q&A for Tobacco and Alcohol Administration issued by the Ministry of Finance.

Medicines and medical devices

The Site prohibits sale of drugs. For sale of medical devices, it shall be subject to the applicable laws and regulations (e.g. the Classification and Registration Requirements of Mail-Order Purchase for Medical devices). Your company’s advertisement of drugs or medical devices shall comply with the applicable laws and regulations, together with the rules issued by the authorities (e.g. the Laws and Examination Guidelines for Drug Advertisement and the Laws and Examination Guidelines for Medical Devices Advertisement issued by Ministry of Health and Welfare). The Site strictly prohibits the display or sale of counterfeit drugs, prohibited drugs, misbranded drugs or defective medical devices. Please note that medicines and medical devices shall be manufactured, dispensed, imported, exported, sold or displayed strictly in accordance with the “Pharmaceutical Affairs Act” and the relevant decrees and orders. You shall ensure that your medicines and/or medical devices comply with the relevant laws and the competent authority’s requirements.


Relevant laws & regulations

Pharmaceutical Affairs Act

Article 6

The term "drugs" as used in this Act shall refer to any of the following raw materials and preparations:

1. Drugs which are listed in the Chinese Pharmacopoeia, or in the Pharmacopoeia of other countries, the official National Formularies or any of their supplements recognized by the central competent health authority;

2. Drugs which are not included in the preceding Sub-paragraph but are used in diagnosing, curing, alleviating or preventing the diseases of human beings;

3. Other drugs which are sufficient to affect the body structure and physiological functions of human beings; or

4. Drugs which are used in preparing such drugs set forth in the preceding three Sub-paragraphs.

Article 13

The term "medical devices" as used in this Act shall refer to instruments, machines, apparatus and their accessories, fittings and parts which are used in diagnosing, curing, alleviating, or directly preventing the diseases of human beings, or which may affect the body structure or functions of human beings.

The central competent health authority shall establish Regulations Governing the Management of Medical Devices in regards to its scope, classification, management, and other matters in accordance with practical needs.

Article 20

The term "counterfeit drugs" as used in this Act shall refer to the drugs which are found to fall within any of the following circumstances after inspection or testing:

1. The drugs are manufactured without prior approval;

2. The active ingredients of the drugs are inconsistent with the ingredients thereof previously approved;

3. The drugs are packed or alternated with the products of others; or

4. The marking of the expiration date of the drugs has been altered or replaced.

Article 22

The term "counterfeit drugs" as used in this Act shall refer to the drugs which are found to fall within any of the following circumstances:

1. Poisonous or harmful drugs which are prohibited by an order publicly announced by the central competent health authority, from manufacturing, dispensing, importing, exporting, selling or displaying; or

2. Drugs which are imported without prior approval, except the drugs which are carried into this country for personal use by passengers or service personnel on board the means of transportation.

The quota of the personal-use pharmaceuticals referred to in Subparagraph 2 of the preceding Paragraph shall be determined by the central health competent authority in conjunction with the Ministry of Finance.

Article 78

In addition to the actions to be taken under other relevant provisions of this Act, the following disciplinary actions shall be taken when the suspicious medications sampled and tested are discovered and confirmed as counterfeit drugs, misbranded drugs, prohibited drugs or defective medical devices:

1. All the manufacture permit licenses, import permits, factory registration certificates, and the business permit licenses granted to the manufacturer or importer, or held by a person other than the owner of such permits or licenses, found to be manufacturing or importing counterfeit drugs or prohibited drugs shall be revoked entirely by the original issuing authorities.

2. For the firm which sells or displays with intent to sell counterfeit drugs or prohibited drugs, the municipality’s or county’s (city) competent health authority shall announce in newspapers the name, address and the responsible person of the firm, the name of drugs involved and the details of the violation. In case of further violation by the said firm, its business operation may be suspended.

3. For the firm which manufactures, imports, sells or displays with intent to sell misbranded drugs or defective medical devices, the municipality’s or county’s (city) competent health authority shall announce in newspapers the name, address and responsible person of the firm, the name of medications involved and the details of the violation. In case of serious or further violation by the said firm, its permits and licenses may be revoked and its business operation may be also suspended. The provisions in the preceding Paragraph shall apply mutatis mutandis to persons who manufacture or import medical devices without prior approval.

Article 82

Any person who manufactures or imports counterfeit drugs or prohibited drugs shall be subject to punishment with imprisonment for a period of not more than ten (10) years and may in addition thereto be imposed with a fine of not more than NT$10,000,000.

The offender set forth in the preceding Paragraph shall be punished with life imprisonment or imprisonment of more than ten (10) years in the event the said offence results in personal death, or with imprisonment of more than seven (7) years in the event the offence results in serious personal injury.

Any person who commits the offence set forth in the first Paragraph hereof by negligence shall be punished with imprisonment of not more than three (3) years, detention or a fine of not more than NT$500,000.

Any attempt to commit the crime referred to in the first Paragraph shall be punishable.

Article 84

Any person who manufactures or imports medical devices without prior approval shall be punished with imprisonment of not more than three (3) years and may, in addition thereto, be imposed with a fine of not more than NT$100,000.

Any person who knowingly sells, supplies, transports, stores, brokers, transfers or displays with intent to sell the medical devices set forth in the preceding Paragraph shall be subject to the punishment set forth in the preceding Paragraph.

Any person who commits the offence set forth in the preceding Paragraph by negligence shall be punished with imprisonment of not more than six months, detention or a fine of not more than NT$500,000.

Pharmaceutical Affairs Act Enforcement Rules

Article 9

The matters to be registered by a pharmaceutical firm pursuant to Article 27, paragraph 21 of the Act are as follows:

1. The type of pharmaceutical firm being registered.

2. The lines of business of the firm.

3. The name of the firm.

4. The firm's address.

5. The firm's responsible persons.

6. The firm's drug administration, manufacturing supervision, or technical personnel.

7. Other required matters for registration.

Article 45

Texts and images used in a drug advertisement shall be limited to the name of the drug, its dosage form, prescription content, usage quantity, usage method, efficacy, guidelines, and packaging, and the name and address of the manufacturer, as initially approved by the central competent health authority.

The efficacy stated in the text of an advertisement for Chinese medicine materials shall be limited to the efficacy stated in the Compendium of Materia Medica.

Article 46

The name of the firm and the number of its drug permit license and the advertisement approval document shall be published simultaneously or disseminated together with any drug advertisement.

Article 47

When any of the following occurs in drug advertising content, that content shall be deleted or its approval shall be denied:

1. Content involving efficacy related to sexual intercourse.

2. The use of methods likely to encourage drug abuse, such as exchanges of drug containers for prizes or the provision of incentives.

3. Any representation that use of a drug will cure a particular disease or will improve a person's health or constitution in a particular area, or the creation of false or misleading scenarios as a means of publicizing the drug.

4. Exaggeration of a drug's efficacy or safety.

Medical devices being able to be sold in mail-order purchase by pharmacists and its registration requirements (The bulletin of Shou-Shi No. 1021653168 by the Ministry of Health and Welfare on January 2, 2014)

1. Pharmacists can sell class I medical devices and class II medical devices listed in attachment via mail-order purchase.

2. Pharmacists sell medical devices via mail-order purchase shall apply for registration in accordance with Article 9, Paragraphs 1 to 6 of Pharmaceutical Affairs Act Enforcement Rules, in addition, pharmacists shall apply to the competent health authority of their special municipality or county (or county-level city) for registration of the listed matters:

(1) Mail-order purchase channel types,

(2) Mail-order purchase channel connections,

(3) Advisory hotline.

3. Definition of matters to be registered in this bulletin are as follows:

(1) Mail-order purchase channel: a channel via radio, television, telephone, facsimile, catalog, newspapers, magazines, internet, flyers, or similar ways for consumers to purchase without actual survey of goods,

(2) Mail-order purchase channel vendor: an enterprise provides mail-order purchase channel to sell goods,

(3) Mail-order purchase channel connection: a connecting way including website, address, telephone etc. is able to track to pharmacists and mail-order purchase channel vendor.

4. Pharmacists use third party's mail-order purchase channel to sell medical devices when applying for registration shall submit a licensing agreement of mail-order purchase channel vendor including the following matters:

(1) Pharmacist's name, address, name and ID number of the person in charge,

(2) Mail-order purchase channel vendor's name, address, name and ID number of the person in charge,

(3) Licensed Goods to be sold,

(4) License period.

5. Pharmacists who sell medical devices via mail-order purchase channel shall disclose the following matters in a way for consumers to clearly recognize at an obvious site of the mail-order purchase channel:

(1) License number, product name, pharmacist's name, manufacturer's name, and manufacturer's address recited on medical device license,

(2) Pharmacist's name, address and license number recited on pharmacist license,

(3) Manufacturing date and effective period or expiration date,

(4) Pharmacist's advisory hotline,

(5) "Please read the product specification carefully before use" shall be marked,

(6) For products having measuring capability, it shall recite that service of periodical calibration is provided and the service location.

6. Mail-order purchase channel vendor when practicing mail-order purchase business shall confirm that the matters listed in Point 5 of this bulletin have been disclosed at an obvious site of the mail-order purchase channel, and shall periodically review whether the business practice complies with this bulletin.

7. While information published in mail-order purchase channels involves with advertising of drugs, application for approval in accordance with the regulations of Pharmaceutical Affairs Act shall be applied, then the approved information can be published, and relative governing regulations shall be complied.

For the attachment of point 1 of the above "Medical devices being able to be sold in mail-order purchase by pharmacists and its registration requirements", please refer to here

For other provisions, please see the

,

, Laws and Examination Guidelines for Drug Advertisement,

, and the official site of the Food and Drug Administration, Ministry of Health and Welfare, Executive Yuan.

Cosmetics

The Site strictly prohibits the display or sale of any cosmetics (including the advertisement) which are pending the competent authority’s permit. Prior to display of said goods, please ensure the compliance with the relevant laws and competent authority’s requirements.

Relevant laws & regulations

Article 24

No obscene, immoral, false or exaggerate advertisement may be published or publicized in newspapers, publications, advertising leaflets, or on broadcasting, slides, motion pictures, television and other mass communication media for promoting the sale of cosmetics.

Before publicizing or advertising any cosmetic product, the manufacturer or dealer thereof shall first submit to the central, municipal or county/city competent health authorities for its approval all the text, pictures and/or oral statements contained therein; and shall subsequently present the approval letter or certificate to the mass communication institutions concerned for their examination.

For the cosmetic advertisements which have been approved by the central, municipal or county/city competent health authorities in accordance with the provisions of the preceding Paragraph, the approval letter or certificate so issued shall be valid for period of one year. If the holder of such approval letter or certificate needs to continue such advertising activity upon expiration thereof, an application for extension thereof may be filed with the original issuing authorities provided that the duration of each extension shall not exceed one year. In the event the contents or the manner of publishing or publicizing of the approved advertisements are found improper during the approved period of such advertising program, the original issuing authorities may annul or order the modification of such improper advertisements.

For other provisions, please see

, the corresponding regulations and guidelines (including Dos and Don'ts for Cosmetic Advertisement and others) and the official site of the Food and Drug Administration, Ministry of Health and Welfare,, Executive Yuan

Foods

The Site strictly prohibits the display or sale of any foods, food additives, food cleansers, food utensils, food containers or food packaging which are pending the competent authority’s permit. Prior to display of said goods, please ensure that such goods comply with the relevant laws and competent authority’s requirements.

Relevant laws & regulations

Act Governing Food Sanitation

Article 21

None of the foods, food additives, food cleansers, food utensils, food containers or packaging and food cleansers which are designated by the central competent authority in a public announcement shall be manufactured, processed, prepared, repacked, imported or exported without filing product registration with and procuring a permit document from the central competent authority. Any change in the registered matters shall be subject to the prior approval of the central competent authority.

None of the genetically modified food raw materials shall be used as the food raw materials without being reviewed by the central competent authority in the health risk assessment, filing product registration with and procuring a permit document.

Importers of genetically modified food raw materials, that have filed product registration with and procured a permit document from the central competent authority, shall establish a traceability system for tracing the source and tracking the flow of the genetically modified food raw materials in accordance to Paragraph 2 of Article 9.

The permits mentioned in the preceding paragraphs 1 and 2 shall be valid for a term of one year to five years subject to the decisions by the central competent authority. Application for extension shall be filed within three months prior to the expiration of the term with the central competent authority if continued manufacture, processing, preparation, repacking, importation or exportation is desired after the expiration. The term of each extension shall not exceed five years.

The regulations governing the revocation of the permits mentioned in Paragraphs 1 and 2, and issuance, replacement, re-issuance, extension, transfer, de-registration, and change in the registered matters of the permit document, etc. shall be prescribed by the central competent authority.

The product registration under Paragraphs 1 and 2 may be commissioned to another institution in accordance with regulations which are prescribed by the central competent authority.

For the unregistered genetically modified food raw materials mentioned in Paragraph 2 prior to the amendment of this Act on 28th January 2014, shall complete review and registration within two years after promulgation of this Act.

Article 28

The labeling, promotion or advertisement of foods, food additives, food cleansers and food utensils, food containers or packaging designated by the central competent authority in a public announcement shall not be false, exaggerated or misleading.

Foods shall not be so labeled, promoted or advertised as having medical efficacy.

The central competent authority may prescribe restrictions on the sales, promotion or advertising for special dietary foods or foods which easily lead to chronic diseases or are unsuitable for long term consumption for children and persons with special needs. The regulations governing the food items, restrictions on the sales promotion or advertising, prohibition of publishing and broadcasting and other matters to be complied with shall be prescribed by the central competent authority.

Health Food Control Act

Article 2

For the purposes of this Act, the term "health food" shall denote food with health care effects, having been labeled or advertised with such effects.

The term “health care effects” shall mean an effect that has been scientifically proven to be capable of improving people’s health, and decreasing the harms and risks of diseases. However, it is not a medical treatment aimed at treating or remedying human diseases; such “health care effects” shall be announced by the central competent authority.

Article 4

The health care effects of health food shall be described in any of the following ways:

1.claiming the effect of preventing or alleviating the illness relating to nutrients when deficient in the human body if intake of the health food can make up said nutrients;

2.claiming the impact on human physiological structure and functions by the specified nutrients or specific ingredients contained in a health food or the food itself after the health food has been taken;

3.furnishing the scientific evidence to support the claim that the health food can maintain or affect human physiological structure and functions; and/or

4.describing the general advantages of taking the health food.

Article 7

No health food shall be manufactured or imported unless and until an application for review and testing registration supported by information on its ingredients, specifications, functions and effects, a summary of the manufacturing process, specifications and methods of analysis, other relevant data and documentation, as well as label and sample are submitted along with permit fee, review and testing fees to, and a product registration permit is issued by, the central competent authority or the organization commissioned thereby.

The permit fee referred to in the preceding paragraph means the fee for the issuance, replacement, or supplementary issuance of the health food permit against the application for review and testing registration. The review and testing fees mean the fees for the review and testing. The relevant fee amount shall be prescribed by the competent authority.

An application for change of the registered items of the health food after permit is issused must be filed with the relevant review fee to the central competent authority.

The central competent authority may, where necessary, commission relevant organization (institution), school or group to deal with the review and testing referred to in the first paragraph. The relevant regulations shall be prescribed by the central competent authority.

Regulations of the application for permit referred to in the first paragraph shall be prescribed by the central competent authority.

Article 12

No health food or raw materials thereof shall be manufactured, prepared, processed, sold, stored, imported, exported, offered as gift, or publicly displayed if the health food or raw materials thereof:

1.deteriorate or become rotten;

2.are contaminated by pathogens;

3.contain any residual pesticide exceeding the permissible tolerance set by the central competent authority;

4.are contaminated by nuclear fallout or radioactivity exceeding the permissible tolerance set by the central competent authority;

5.are adulterated or counterfeited;

6.exceed the shelf life; or

7.contain other substances or foreign matters detrimental to human health.

Article 14

No health food labeling or advertisement shall misrepresent or exaggerate, and the health claims shall not extend beyond the approved scope and shall be limited to the content registered at the central competent authority.

No labeling or advertisement of health food shall claim or refer to medical efficacy.

For other provisions, please see the Act Governing Food Sanitation,

Health Food Control Act

and the official site of the Food and Drug Administration, Ministry of Health and Welfare, Executive Yuan.

Guns, Canons, Ammunitions and Knives

The Site strictly prohibits the display or sale of any guns and canons (e.g. canons, shoulder-launched assault weapons, machine guns, sub-machine guns, carbines, automatic rifles, rifles, horse pistols, pistols, pistol fountain pens, gas soft guns, tranquilizer dart guns, hunting rifles, air guns, spear guns, and any other lethal weapons capable of launching metal or bullets), ammunition (cannonballs and bullets used in said guns and any other lethal or destructive bombs or explosives), and knives (e.g. Samurai swords, stick knives, double knives, brass knuckles, steel (iron) whips, thrusters, daggers, and any other lethal knives prohibited in a public notice by the competent central authority).

Relevant laws & regulations

Act Governing the Control and Prohibition of Guns, Cannons, Ammunitions, and Knives

Article 4

The guns, cannons, ammunitions and knives defined in this Act refer to:

1. Guns: Canons, shoulder-launched assault weapons, machine guns, sub-machine guns, carbines, automatic rifles, rifles, horse pistols, pistols, pistol fountain pens, gas soft guns, tranquilizer dart guns, hunting rifles, air guns, spear guns, and any other lethal weapons capable of launching metal or bullets.

2. Ammunitions: Cannonballs and bullets used for said guns and any other lethal or destructive bombs or explosives

3. Knives: Samurai swords, stick knives, double knives, brass knuckles, steel (iron) whips, thrusters, daggers, and any other lethal knives prohibited in a public notice by the competent central authority.

The guns and ammunitions referred to in the sub-paragraphs 1 & 2 of the preceding paragraph shall include the component parts thereof, unless the parts cannot form the guns or ammunitions.

The types of component parts of guns and ammunitions shall be published by the competent central authority.

Article 5

Without the competent central authority’s prior approval, no person shall engage in manufacturing, selling, transporting, transferring, leasing, borrowing, holding, depositing or displaying the guns and ammunitions referred to in the preceding paragraph.

For other provisions, please see the Act Governing the Control and Prohibition of Guns, Cannons, Ammunitions and Knives.

Live specimens of protected wildlife or the products thereof

The Site strictly prohibits the display or sale of live specimens, carcasses, parts, products and processed goods of the protected wildlife.

Relevant laws & regulations

Wildlife Conservation Act

Article 4

Wildlife shall be classified in two categories:

1. Protected Species: Endangered Species, Rare and Valuable Species and Other Conservation-Deserving Wildlife;

2. General Wildlife: All other wildlife not included in the previous category.

The Wildlife Conservation Advisory Committee is responsible for the determination of animals which belong in the first category. The NPA is responsible for compilation and announcement of the Schedule of Protected Species.

Article 40

The following offenses shall be punished with imprisonment for not less than six months and not more than five years, and/or a fine of not less than NT$300,000 and not more than NT$1,500,000:

1. Violation of Article 24, Paragraph 1, unapproved import or export of live Protected Wildlife Species or products.

2. Violation of Article 35, Paragraph 1, trading, displaying or exhibiting with the intent to sell Protected Wildlife and its products.

Article 51

Anyone who meets any of the following circumstances shall be subjected to a fine of not less than NT$10,000 and not more than NT$50,000:

1. Violation of Article 12, Paragraph 1 by avoiding, refusing or hindering a wildlife resource investigation or the application of conservation plan measures;

2. Violation of Article 20, Paragraph 1;

3. Violation of Article 24, Paragraph 1 by import or export of General Wildlife without the approval of the competent central authority;

4. (Deleted)

5. Violation of Article 28;

6. Violation of Article 31, Paragraphs 1, 2, 3 or 6;

7. Violation of Article 35, Paragraph 1 by display or exhibition in a public area of Protected Wildlife, Endangered or Rare and Valuable Species products with no intent to sell but lacking the proper permission;

8. Violation of Article 37;

9. Violation of Article 38;

10. Any owner or keeper who refuses to sell their wildlife carcass according to Article 39.

For other provisions, please see the Wildlife Conservation Act and the official site of Council of Agriculture, Executive Yuan.

Agro-pesticides

The Site strictly prohibits the sale of any agro-pesticides, including formulated agro-pesticides and technical grade agro-pesticide (all active ingredients or raw materials required for the manufacturing of formulated agro-pesticides). Your company’s agro-pesticides advertisement shall comply with the applicable laws and regulations, together with the rules issued by the authorities (including but not limited to the Regulations Governing the Advertising of Pesticides).

Relevant laws & regulations

Agro-pesticides Management Act

Article 5

The terms used in this Act are as defined as follows:

1. Agro-pesticide: Denotes formulated agro-pesticides and technical grade agro-pesticide.

2. Formulated agro-pesticide: Denotes the chemicals or biologically-based formulations listed below:

(1) Those used for preventing and eliminating pests of crops and forest or the products thereof;

(2) Those used for regulating the growth of crops and forest or for influencing the physiological functions thereof;

(3) Those used for regulating the growth of beneficial insects;

(4) Any other chemicals designated by the competent central authority for protecting plants.

3. Technical grade pesticide: Denotes any and all active ingredients or raw materials required for the manufacturing of formulated agro-pesticides referred to in the preceding paragraph. Notwithstanding, any and all technical grade pesticides shall be deemed formulated agro-pesticides as long as they are directly used for any of the purposes under the preceding paragraph and are approved and promulgated by the competent central authority.

4. Labeling: Denotes the illustrative text, patterns or marks on the container, packaging or enclosed specification of agro-pesticides.

5. Agro-pesticide manufacturers: Denotes those engaged in the manufacture, processing and repackaging of agro-pesticides as well as the wholesale and export of agro-pesticides, and the import of technical grade agro-pesticides for personal use; manufacturers also may be engaged in the retail of their own products.

6. Agro-pesticide dealers: Denotes those engaged in the wholesale, retail, import and export of agro-pesticides.

7. Manufacturing: Denotes the process of manufacturing raw materials into technical grade agro-pesticides.

8. Processing: Denotes the process of transforming technical grade agro-pesticides into formulated agro-pesticides.

Article 26

An agro-pesticide dealer shall designate full-time managers and before proceeding to do business, first apply to the local municipality or county/city competent authority for issuing an agro-pesticide dealer's license.

The above mentioned license shall be valid for five years. An application for extension of said validity shall be filed with local municipality or county/city competent authority before one month of the expiration; provided each extension shall not exceed five years. Failure to make an application for authorization within the time limit or the application is rejected shall apply for issuing a new license.

The relevant autonomous regulations governing the application, issuance, re-issuance, exchange, extension, abolishment,and alteration under the first and preceding paragraph shall be prescribed by the corresponding municipal or county/city competent authority.

The regulations governing the training and qualification requirements of the managers under the first paragraph, the acquisition, revoking and limitation of re-application of their certificates and other relevant matters shall be prescribed by the central competent authority.

The licenses, issued prior to enforcement of the amendment of this Act, December nine, 2014, shall subject to Paragraph 2 to apply for extension within two years.

Article 29

An agro-pesticide dealer shall observe the following provisions:

1. Hang the agro-pesticide dealer's license visibly in the business place.

2. Do not sell formulated agro-pesticides outside the business premise.

3. Do not sell formulated agro-pesticides with the original package unsealed.

4. Do not sell agro-pesticides without labeling.

5. Separate agro-pesticides from others if the dealer also sells other goods.

6. Prepare books of account or adopt other manner promulgated by the central competent authority to record the name, address, age and contact of the buyers and the quantity they buy, and keep such books for three years.

7. Do not sell to children and juveniles under 18 years.

8. Ask the buyer ’ s purpose for buying such agro-pesticide; do not sell if the use or its scope is other than approved and registered.

9. Provide certificate of sale recording the item, quantity, application scope, buyer and seller to the buyer.

10. Recycle pesticide waste containers and deliver to clean and manage by environmental protection related laws.

Regulations Governing the Advertising of Pesticides

Article 2

Pesticide manufacturers or pesticide retailer (herein referred to as "enterprises") before posting or circulating advertisements for pesticides on following media or places shall apply texts, frames or dialogue in the advertising for approval in accordance with article 3:

1. Film and television including movies, television, video cassettes, CD-ROM disks, etc.,

2. Radio broadcasts,

3. Billboards,

4. Internet,

5. Publications including newspapers, magazines, diaries, calendars, flyers etc.,

6. Vehicle (carriage) advertising,

7. Other media, places.

Article 3

Enterprises before posting or circulating advertisements for pesticides shall submit the following documents to central governing authority for approval:

1. An application form of pesticide advertisement examination and three copies of review form, and contents of the advertisement shall be adhered to the application form and the review form respectively,

2. One copy of the pesticide license with the pesticide license owner's signet,

3. One copy of the pesticide labels approved by central governing authority with the pesticide license owner's signet.

For other provisions, please see the Agro-pesticides Management Act, the Application and Examination Requirements for Agro-pesticides Advertisement and the official site of Council of Agriculture, Executive Yuan.

Firecrackers and fireworks

The Site prohibits the display or sale of unpermitted fireworks with powder inside which will appear to sparkle, spin, move, float, levitate or produce boom sounds or smoke after being discharged.

Relevant laws & regulations

Firework and Firecracker Management Act

Article 3

The “fireworks” in this act means those with powder inside which will appear to sparkle, spin, move, float, levitate or produce boom sounds or smoke after being discharged, and used for celebrations or entertainment, but excluding signal flares, smoke bombs, or any other powder products.

Fireworks are classified as follows:

1. General fireworks: Provided to consumers through type approval, individual approval, and have attached to them an approval symbol.

2. Professional pyrotechnic devices: Discharged by professional personal and divided as followed:

(1) Stage pyrotechnics: Airbursts, flares, line rockets, concussion mortar and binary systems used especially in movies, television programs, dramas, concerts and other activities for producing performance sound and light effects.

(2) Special pyrotechnics: Aerial shells, cakes, powder wrapped in a single paper tube or its combinations and used in outdoor activities for producing tremendous sound and light effectiveness.

(3) Any other kind of professional pyrotechnic devices announced by the central competent authority

For other provisions, please see the Firework and Firecracker Management Act.

Public Hazardous Substances & Flammable Pressurized Gases

The Site strictly prohibits the display or sale of any public hazardous substances and flammable pressurized gases (e.g. LPG).

Relevant laws & regulations

Public Hazardous Substances & Flammable Pressurized Gases Establishment Standards & Safety Control Regulations

Article 7

A place for the process of public hazardous materials refers to any of the following places:

1. Place for trading:

(1) Type 1 Trading Place: The place for trading the Six Materials in containers in a quantity less than 15 times of the control quantity;

(2) Type 2 Trading Place: The place for trading the Six Materials in containers in a quantity greater than 15 times but less than 40 times of the control quantity; and

2. General Process Place: Any place other than those places described in the preceding subparagraph for processing the Six Materials at a quantity over the control quantity.

The place for the process of flammable pressurized gases refers to any of the following places:

1. The Trading Place: The place for trading flammable pressurized gases in containers; and

2. The Container Inspection Place: The place for inspecting containers of liquefied petroleum gases or domestic use or operating use.

3. The Place for Concatenated Uses of Containers: the place for concatenated using of at least 80 kg of liquefied petroleum gases as a gas source.

Article 9

Fire safety equipment at a place for the manufacturing, storage or process of public hazardous materials and flammable pressurized gases shall be provided pursuant to Fire Safety Equipment Establishment Standards (the Equipment Standards) and other applicable laws and regulations depending on the class of such material or gas.

For other provisions, please see the Public Hazardous Substances & Flammable Pressurized Gases Establishment Standards & Safety Control Regulations

Lotteries

The Site strictly prohibits the display or sale of any lotteries, e.g. Public Welfare Lottery, Scratch, Mini Lotto, Traditional Lottery and Four-Star Lotto, etc...

Relevant laws & regulations

Public Welfare Lottery Issue Act

Article 11

Any person other than the issuers, agencies or dealers shall engage in the sale of lotteries.

For other provisions, please see the Public Welfare Lottery Issue Act.

Stolen property

The Site strictly prohibits the display or sale of any stolen property, e.g. property stolen from another person.

Relevant laws & regulations

Criminal Code

Article 349 (Offence of receiving stolen property)

A person who receives, transports, accepts for storage, knowingly purchases, or acts as an intermediary for stolen property shall be sentenced to imprisonment for not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than five hundred thousand yuan may be imposed.

A thing obtained from the conversion of stolen property shall be considered to be stolen property.

For other provisions, please see the Criminal Code.

Property of the police and public officials

The Site strictly prohibits the display or sale of the dresses (e.g. uniforms, clothes and trousers and hats), badges or police equipment (e.g. police baton, police hand cuff, electric police baton/stick, electric shock machine, and assault prevention net) of public officials.

Relevant laws & regulations

Criminal Code

Article 159 (Offence of misusing the uniform, badge and official title of a public official)

A person who openly and without authority wears the uniform or badge or makes use of the official title of a public official shall be punished with a fine of not more than NT$500.

Rules Administering Permits for Ordering, Sales and Possession of Police Arms

Article 2

The Rules define that the police arms permitted to be ordered, sold or possessed upon application are limited to the police baton, police hand cuff, electric police baton/stick (electric shock machine) and assault prevention net.

Issue of the permit to the police arms referred to in the preceding paragraph may be commissioned by the Ministry of the Interior (hereinafter referred to as the “Ministry”) to the National Police Agency of the Ministry (hereinafter referred to as “National Police Agency”) or municipality or county/city police departments.

The suppliers referred to in the Rules shall be limited to corporations.

For other provisions, please see the Criminal Code and the Rules Administering Permits for Ordering, Sales and Possession of Police Arms.

Products or services constituting infringement upon another person’s patents, trademarks, copyrights, trade secrets or any other intellectual property rights.

The Site strictly prohibits the display or sale of any products or services constituting infringement upon another person’s patents, trademarks, copyrights or any other intellectual property rights, including but not limited to, any counterfeits of name brand handbags, dresses, watches, jewelries and shoes; pirated games, software, CDs, VCDs, DVDs, books and other publications; speech recordings, music records, films or other works produced without the right holder’s prior approval; academic free software and OEM software; and products or services constituting infringement upon another person’s patents or trade secrets.

Relevant laws & regulations

Patent Act

Article 56

Unless otherwise provided for in this Act, the patentee of a patented article shall have the exclusive right to preclude other persons from manufacturing, making an offer for sale, selling, using, or importing for above purposes the patented article without his/her prior consent.

Unless otherwise provided for in this Act, the patentee of a patented process shall have the exclusive right to preclude others from using such process and using, selling or importing for above purposes the articles made through direct use of the said process without his/her prior consent.

The scope of an invention patent right shall be determined based on the claim(s) set forth in the specification of the invention. The descriptions and drawings of the invention may be used as a reference when interpreting the scope of the claims in the patent application.

Article 106

Unless otherwise provided for in this Act, the patentee of a utility model shall have the exclusive right to preclude other persons from manufacturing, offering for sale, selling, using, or importing for such purposes such patented products without his/her prior consent.

The scope of a utility model patent shall be determined based on the claim(s) set forth in the specification of the patented utility model. When interpreting the scope of claims, the description and drawings of the utility model patent may be used as reference.

Article 123

Unless otherwise provided for in this Act, for the designated article to which a patented design is applied, the patentee of such design patent shall have the exclusive right to preclude others from manufacturing, offering for sale, selling, using or importing for above purposes the articles of the design or similar design as claimed in the design patent without his/her prior consent.

The scope of the design patent rights shall be determined based on the drawings of the patented design. When interpreting the scope of claim, the descriptions of the design patent made in the specifications of the creation may be used as reference.

Trademark Act

Article 95

Any person who commits any of the following acts in the course of trade without the consent of the proprietor of a registered trademark or collective trademark shall be imprisoned not more than three years, or detained, and/or fined not more than NT$200,000:

(1) using a trademark which is identical with the registered trademark or collective trademark in relation to goods or services which are identical with those for which it is registered;

(2) using a trademark where because the trademark is identical with the registered trademark or collective trademark and used in relation to goods or services similar to those for which the registered trademark or collective trademark is designated, there exists a likelihood of confusion on relevant consumers; or

(3) using a trademark where because the trademark is similar to the registered trademark or collective trademark and used in relation to goods or services identical with or similar to those for which the registered trademark or collective trademark is designated, there exists a likelihood of confusion on relevant consumers.

Article 96

Any person who, in the course of trade, uses a mark where because the mark is identical with or similar to a registered certification mark and used in relation to goods or services identical with or similar to those for which the registered certification mark is designated, there exists a likelihood of confusion on relevant consumers, without the consent of the proprietor of the registered certification mark shall be imprisoned not more than three years, or detained, and/or fined not more than NT$200,000.

The same shall apply if a person sells or, due to an intention to sell, manufactures, possesses, displays labels, packaging, containers, or other articles that are affixed with a sign identical with or similar to another person’s registered certification mark, knowing that such items would likely infringe rights of the certification mark as described in the preceding paragraph.

Article 97

Any person who knowingly sells or, due to an intention to sell, possesses, displays, exports, or imports the goods supplied by another person referred to in the preceding two articles, shall be imprisoned not more than one year, or detained, and/or fined not more than NT$50,000; the same shall apply if said act is done by electronic media or on the Internet.

Copyright Act

Article 87

Any of the following circumstances, except as otherwise provided for under this Act, shall be deemed an infringement of copyright or plate rights:

1. To exploit a work by means of infringing on the reputation of the author.

2. Distribution of articles that are known to infringe on plate rights, or public display or possession of such articles with the intent to distribute.

3. Import of any copies reproduced without the authorization of the economic rights holder or the plate rights holder.

4. Import of the original or any copies of a work legally reproduced abroad without the authorization of the economic rights holder.

5. Exploitation for business purposes of a copy of a computer program that infringes on the rights of the economic rights holder of such computer program.

6. Distribution, by any means other than transfer of ownership or rental, articles that are known to infringe on economic rights; or public display or possession, with the intent to distribute, of articles that are known to infringe on economic rights.

7. To provide to public computer programs or other technology that can be used to publicly transmit or reproduce works, with the intent to allow the public to infringe economic rights by means of public transmission or reproduction by means of the Internet of the works of another, without the consent of or a license from the economic rights holder, and to receive benefit therefrom.

A person who engages in the activities set out in the preceding subparagraph 7 shall be deemed to have "intent" pursuant to that subparagraph when the advertising or other active measures employed by the person instigates, solicits, incites or persuades the public to use the computer program or other technology provided by that person for the purpose of infringing upon the economic rights of others.

Article 91

A person who infringes on the economic rights of another person by means of reproducing the work without authorization shall be punished by imprisonment for not more than three years, detention, or in lieu thereof, or in addition thereto, a fine of not more than NT$750,000.

A person who infringes on the economic rights of another person by means of reproducing the work without authorization with the intent to sell or rent shall be imprisoned for not less than six months and not more than five years, and in addition thereto, may be fined not less than NT$200,000 and not more than NT$2,000,000.

A person who commits the offense in the preceding paragraph by means of reproducing onto an optical disk shall be imprisoned for not less than six months and not more than five years, and in addition thereto, may be fined not less than NT$500,000 and not more than NT$5,000,000.

A work only for personal reference or fair use of a work does not constitute infringement of copyright.

Article 91-1

A person who infringes on the economic rights of another person by distributing the original of a work or a copy thereof by transfer of ownership without authorization shall be punished by imprisonment for not more than three years, detention, or in lieu thereof, or in addition thereto, a fine of not more than NT$500,000.

A person who distributes or displays with intent to distribute publicly or possesses a copy knowing that it infringes on economic rights shall be imprisoned for not more than three years and, in addition thereto, may be fined not less than NT$70,000 and not more than NT$750,000.

A person who commits the offense in the preceding paragraph and the infringing copy is an optical disk shall be imprisoned for not less than six months and not more than three years and, in addition thereto, may be fined not less than NT$200,000 and not more than NT$2,000,000. Notwithstanding, this shall not apply to optical disks imported in violation of subparagraph 4 of Article 87 of this Act.

Punishment of an offense in the preceding two paragraphs may be reduced if the offender confesses the source of the goods, resulting in the uncovering thereof.

Article 92

A person who infringes on the economic rights of another person without authorization by means of public recitation, public broadcast, public presentation, public performance, public transmission, public display, adaptation, compilation, or leasing shall be punished by imprisonment for not more than three years, detention, or in lieu thereof, or in addition thereto, a fine of not more than NT$750,000.

For other provisions, please see the Patent Act, Trademark Act, Copyright Act, Trade Secret Act and Integrated Circuit Layout Protection Act.

Currencies and marketable securities

The Site strictly prohibits the display or sale of any currencies in circulation (including the currencies issued by the domestic government or foreign governments) and marketable securities (including stocks, bonds, corporate bonds and any exercisable certificates of creditor’s right).

Human body organs and tissues

The Site strictly prohibits the display or sale of any human body organs or tissues, including sperm, ovum, kidneys, blood, bone and visceral organs, corpses and any other parts. Notwithstanding, wigs made of real hair are excluded.

ID, certificate, license, warrant and certificate of right holder

The Site strictly prohibits the display or sale of any IDs, certificates or licenses issued by the R.O.C. Government or any other state governments, e.g. national ID cards, passports, driving licenses, health insurance cards, credit cards, ATM cards, invoices, shipping notes and receipts, etc…

Real estate

Generally, real estate transactions will involve some restrictions under laws and regulations. You shall ensure that the display or sale by you complies with any applicable laws.

Display not for provision of products or services

The Site strictly prohibits any display other than that for the purpose of providing products or services, including but not limited to, HR recruitment, people searches, or collection of name lists of customers or marketing information.

Pending the required competent authority’s approval

The Site strictly prohibits the display or sale of any products or services pending the required competent authority’s approval, permission or license for production, sale, possession or transportation.

Products or services against public order or good morals, or prohibited from sale under laws, or the Site considers inappropriate to be listed

The Site strictly prohibits the display or sale of any products or services against the public order or good morals, or prohibited from sale under laws, or the Site considers inappropriate to be listed, including but not limited to, products contributing to crimes or violations of laws, contents containing racial or sexual discrimination and any products, services or displays against the purpose of the Site.

Notice of Personal Information Protection

Taiwan External Trade Development Council (including its affiliated enterprises of legal persons or organizations such as the Taiwan Trade Center, with details on its official website, hereinafter referred to as “TAITRA” or “we” or “us”) respects and aims to protect your privacy and personal information, and maintains the “Taiwantrade/iDealEZ Privacy Policy” as well. We hereby inform you of the follows in accordance with Article 8 of the Taiwan Personal Information Protection Law (“PIPL”).

1. Purposes of Collection

assistance in enterprises' development of the external trade of Taiwan, relevant practices of other public sectors (including administrative legal entities, government foundation, and other public legal entities); trade promotion and management; Internet shopping and other e-commerce services; client management and services; assistance in medium and small size enterprise and other industries; policy advocacy; education and training administration; book and publication administration; advertisement or commercial activity management; marketing; contract, quasi-contract or other legal relationship affairs; commercial and technical information; information/communication services; information/communication and data base management; information/communication security and management; investigation, statistics and research analysis; and non government agency's collection, processing and use of personal information for fulfilling legal obligations etc.

2. Personal Information Categories

identification; social situation, and/or other kinds of personal information necessitated by the purposes of their collection.

3. Time Period, Area, Target, Way of Use and Processing of Personal Information

(1) Time period: the term during which the purposes of the personal information collection remains, the retention period for the information under the relevant laws and agreements, or the term necessary for TAITRA to perform its duties (if it is longer than the term set forth by the laws and agreements); or the time period otherwise you agree longer than the aforementioned.
(2) Area: the Republic of China, the regions where TAITRA's branches locate and the countries for which the branches are in charge, the regions where the information receivers located which are not prohibited by the government authorities for international transmission, the regions where the targets of the use of personal information locate, and the regions where the institutes having business relationship with TAITRA locate.
(3) Target: Your information may be provided to TAITRA’s agents, contractors, service provider and partners, which may provide online payment verification or other related services (such as PayPal, HiTRUST, issuing banks, payment or amount transfer service provider(s), logistics service provider(s), certification service provider(s), eBay, and other trading platforms cooperated with TAITRA), other institutes having business relationship with TAITRA, the receivers who are not prohibited by the government authorities for international transmission, the courts, and/or the government authorities.
(4) Way: the collection, processing, use and international transmission may be performed in automatic or non-automatic manners.

4. Rights under the PIPL; Way to Exercise

With regard to your own personal information, subject to the applicable laws, you are entitled to (i) make inquiries or request for a review, and request for duplications; TAITRA may request for necessary cost incurred therefrom; (ii) request for supplements or corrections, but you should provide appropriate explanation according to the laws; (iii) request for discontinuation of collection, processing or use of your own personal information, and request for deleting the same, but TAITRA may not follow your request in accordance with the laws in case that is necessary for TAITRA to perform its duties or conduct its business; and (iv) if your personal information is being used for marketing purposes, you may indicate refusal to such usage. If you wish to exercise the aforementioned rights, you may email toe-member@taiwantrade.com, or contact us by telephone at the toll-free number 0800-506-088.

5. Consequences for Non-provision of Information

In the event you do not provide the information, you will not be able to enjoy the services we provided or apply for the event.

6. You have confirmed that the personal information provided is true and correct

if any changes are to be made in the future, the relevant supporting documents shall be submitted to us for correction.

**In the event a Taiwantrade/iDealEZ user gets involved in intellectual property rights infringement three times or more, Taiwantrade/iDealEZ shall terminate all or part of the services provided to such user.



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