Table of Contents
Welcome to join Bird's Nest International Hotel Co., Ltd (hereinafter referred to as "the Company") members, this membership terms of service for the Company's own brand hotels and brand authorized to operate hotels, including [Bird's Nest Hotel], [Bird's Nest Hideaway], [Bird's Nest Express], [Bird's Nest Tongmaji], [Bird's Nest Hifu], [Wing Fung Inn], [Wudi Hotel], [Together Travel], [Magpie Inn], [Dream House Hotel], etc. (the actual list is subject to the announcement on the Company's official website). The actual list is based on the announcement on the company's official website.
The "Members" referred to in the Membership Terms and Conditions of the Company and the Service are those who have completed the registration and passed the certification in accordance with the official booking website "Hexa Management System" platform and Reelax booking website. After registering as a member of the Company, you will be entitled to the Company's exclusive member benefits and related services (e.g., point accumulation, discounts, inquiries, registration gifts, coupons, etc.).
For your protection, please be sure to read these Terms and Conditions before registering.
By using the Service (including but not limited to registration, login, and browsing), you acknowledge that you have read and agree to accept all the rights and obligations set forth in these Terms and Conditions and the entire contents of the Privacy Policy, and that you consent to the collection, processing, and use of your personal information by us in accordance with the law.
Members may at any time by e-mail or customer service phone call to notify the Company to stop receiving marketing messages, stopping may not be able to immediately get exclusive offers or activity information, but does not affect the member to use the basic functions of the service and the existing rights and interests (including, but not limited to, the booking of rooms, points enquiry, customer service assistance and the rights and interests of the established order).
If you do not agree with all or part of these Terms of Service, do not register and stop using the Service immediately.
The terms and conditions of this service are as follows; all services are subject to the Company's announcement:
Services
- Member Identification
- Points Management
- Coupon Management
- Booking Management
- Membership Levels and Exclusive Member Benefits
- Promotional activities and special offers
- Customer Service and Member Relationship Management
- The Company reserves the right to add, adjust, suspend or terminate the above services at any time.
Membership Registration
[Membership Registration Requirements
- Anyone who is 18 years of age (including) or older and is a natural person with full capacity for behavior, after reading and agreeing to the Terms of Service and the Privacy Policy, and after completing the registration process (which includes correctly and completely filling in the membership information and providing the relevant documents required in the registration process), can use the Service.
- There is no fee for registration. Membership is limited to individuals and each person is limited to registering one member account; applications for membership in the name of corporations, organizations, travel agencies or company names are not accepted.
- The Company reserves the right to review, adjust or terminate the membership; if the information provided by the member or his/her usage behavior is not in accordance with these terms and conditions, the Company may take necessary or appropriate actions according to the circumstances, including but not limited to restricting, suspending or terminating the membership and related rights.
Membership Registration and Membership Cards
- In response to sustainability and environmental protection, our company adopts a digital membership system and only provides online registration, not a physical membership card.
- Members should follow the instructions to complete the registration process on the Company's official booking website. Once registration is completed, you can inquire about points, privileges and related benefits on the membership page.
[Membership Benefit Accumulation and Utilization].
Members should take the initiative to present their membership status (e.g. logging into the official website, presenting the virtual membership card at the venue, or providing membership information at the customer service/reservation center) before booking, spending, or exercising membership rights to ensure your membership rights.
If a member fails to actively inform us of his/her membership status and thus cannot be recognized, we will not be able to provide member-only services (including consumption of accumulated points), nor will we provide subsequent registration services.
Scope of Membership Benefits
The membership benefits provided by this service are only applicable to members who book and consume through the Company's official booking website, telephone, or on-site booking, and the order has a log-in member, in order to accumulate and use the membership benefits; rest projects or through third-party platforms (including but not limited to Agoda, Booking, Hotels.com, etc.) or by bulk purchase, accommodation tickets, hospitality vouchers, and free lodging vouchers, Bookings or purchases made through third-party platforms (including but not limited to Agoda, Booking, Hotels.com, etc.) or through bulk purchases, accommodation vouchers, hospitality vouchers, free accommodation vouchers, travel agencies, etc. (including their mark-ups) are not eligible for member point accumulation, discounts or other exclusive benefits.
Unless otherwise stated on the Company's official website (including but not limited to the Official Reservation Website), membership benefits may only be accumulated, redeemed and utilized by the member himself/herself, and may not be transferred, assigned or utilized by others on his/her behalf.
Membership Obligations
[Information is true]
Members should apply for registration in their true identity and ensure that the information provided (including but not limited to personal data and payment information) is correct, complete and free from falsification, forgery or fraudulent use.
If a member provides inaccurate or incomplete information, fails to immediately update changed information, impersonates another person, or improperly accumulates points, obtains discounts, or uses the service. The Company may take necessary or appropriate measures, including limiting, suspending, or terminating membership, and may pursue related legal responsibilities in accordance with the law.
[Obligation to Correct Information
Members should maintain their personal information correct, complete and up-to-date at all times; if there is any change of information, they should immediately apply for update in the Member Center to ensure their relevant rights and interests.
If a member fails to provide information immediately, or if the information provided is incorrect, incomplete, or inconsistent with the facts, or if the member fails to provide the information in the specified manner, the Company may suspend or terminate the member's account in accordance with the circumstances and may refuse the member's continued use of the service.
The Company will use the member's last retained contact information to send notices; if a notice cannot be delivered due to an error in the member's information, the member is solely responsible for the consequences.
In the event of insufficient member information or inability to verify the identity of a member, the Company may refuse or suspend the provision of all or a portion of the functions of the Services to the extent necessary without prior notice.
[Accounts Management Obligations]
Member account is for member's personal use only. Member should keep the account number and password in a safe place and make sure to log out and close the window after each use to prevent unauthorized use.
In order to protect your rights and interests, please do not disclose or provide the account and password to others to know or use, the member of this service all the use of the right may not be transferred, lent to a third party or make a third party inheritance. For the use of the member's account and password (not related to the member himself or herself or other people) to use this service caused by or derived from all the behavior and results, the member shall bear full responsibility.
Member's account or password such as unauthorized use, should immediately notify the Company for loss or take the necessary precautions. Because members do not immediately notify the Company can not be effectively prevented or corrected, and the damage is extended, the member shall bear the corresponding responsibility for its attributable part. If the Company has been good stewardship of the duty of care, and take appropriate safety measures, for non-attributable to the Company's damage, not liable for compensation. The Company may, when necessary, require members to provide identification documents sufficient to complete the verification; if members do not cooperate with the provider, the Company may restrict their access to or use of the services.
If a member steals or misuses a third party's account or password, causing the third party or the Company to be investigated, pursued, or other damages, the member shall be liable for the relevant legal responsibility. The Company or the victimized third party may claim damages from the member, including but not limited to litigation costs, attorney's fees and loss of goodwill.
Responsibility and authorization
Members of the use of this service, should really comply with the relevant laws and regulations and the terms of the various norms, its behavior and the consequences of all by the members of their own responsibility, the Company is not responsible for the joint responsibility.
Members shall not use this service to engage in any illegal, infringe the rights and interests of others, violate public order and morals or other inappropriate behavior; and shall comply with the relevant laws and regulations of the Republic of China and the general use of the Internet norms.
If the Company determines that the Member's use of behavior in violation of the law, the terms or may endanger the safety of the service or other rights and interests of the Member, the Company may, depending on the circumstances, take necessary or appropriate measures. Including, but not limited to, limiting, suspending or terminating the member's use of all or part of the service; however, the Company does not have the obligation to supervise or actively review the member's use of behavior.
Member of the use of this service behavior, caused by the Company directly or indirectly suffered damage (including third-party complaints, dispute handling or competent authorities to investigate the costs incurred), should be in accordance with the Company's request to bear the corresponding liability for compensation. The scope of compensation includes, but is not limited to, administrative costs, litigation costs, attorney's fees, loss of goodwill and other necessary expenses.
When members use the value-added services, the Company may provide the necessary personal information to the partner in accordance with legal provisions, regulatory requirements, maintenance of the normal operation of the service system, appointment of a third party to deal with matters related to the provision of services, or as otherwise agreed in the contract or electronic document between the member and the service, under the prerequisite of the fulfillment of the service; in addition to the above circumstances, personal information will not be disclosed to any other third party for their use. Except for the above circumstances, personal information will not be disclosed to any other third party for their use. If the partner company needs to use the personal information for marketing or promotional notification, it can only be provided with the prior consent of the member, and the member can notify the Company to stop the use of such marketing at any time.
For the purpose of providing marketing, market analysis, statistics or research, or providing members with personalized services or value-added services, the Company and the Company's strategic partners may record, keep and use the information and usage records retained or generated by members in the Services; and may disclose or use the statistical information without disclosing the identifiable personal information. Our main strategic partners include hotel-related service providers, travel platforms, financial institutions and marketing service providers, etc. Please refer to the Privacy Policy or visit the official website for details of the partners and the scope of data utilization.
Members agree that the Company may collect, process, store, transmit and use the personal information they provide to a reasonable extent for the purpose of providing other information or services, producing statistics, or conducting surveys and marketing research on Internet behavior.
[Data and Privacy
- The collection, processing and utilization of members' personal information are protected and regulated by the Company's "Privacy Policy". Members must read the Privacy Policy before using this service.
- The Company will not provide members' personal information to a third party unless the member has given his or her consent, except under the following circumstances:
- Provided in accordance with the law or the requirements of the judicial or competent authorities in accordance with legal procedures.
- In order to provide the services applied or utilized by the members, it is necessary to perform the services together with the partner companies.
- After de-identification, it is used for statistics, research or other purposes that do not involve personal identification.
- Necessary to protect the life, body, property, and other important rights and interests of the Company, members, or third parties. The provision of the aforementioned information and related regulations shall be in accordance with the Company's Privacy Policy.
Membership, Termination of Benefits and Company's Obligation to Notify
- When members use this service, if there is any violation of laws and regulations, the terms of this service, or if there is a situation that jeopardizes the rights and interests of the Company or a third party, the Company may, depending on the severity of the situation, take the following measures:
- Major violations (including, but not limited to, fraud, criminal behavior, and serious infringement of others' rights and interests): the Company may immediately suspend or terminate their membership without prior notice.
- General violations: The Company will notify members by e-mail of the deadline for improvement, and those who fail to do so may have their membership suspended or terminated.
- Minor violation: The Company may suspend part of the member's rights and notify the member to improve the situation within a certain period of time.
- The Company reserves the right to adjust the contents of the Service or terminate any Member's account service, and may handle related matters in accordance with the provisions of this Article.
- Members may apply for termination of membership by email or through the mechanism provided by the Company, and the Company will process the cancellation as soon as possible after confirmation.
- Members shall forfeit all benefits and entitlements provided by the Service from the date of termination of the Company's membership (based on the date of the Company's e-mail notification).
- Member of any of the following circumstances, the Company may, depending on the circumstances, in accordance with the classification established in point 1 of this article, suspend or terminate its membership, and cancel its unused points, coupons and other rights related to all members; if necessary, the Company may also take legal action. If the member has any objection to the termination, he/she may file a complaint in writing to the Company within 7 days after receiving the notice, and the Company will reply to the result within 14 days after receiving the complaint. For non-members, the Company may reject their application for registration.
- If you do not register your personal information correctly.
- Failure to comply with the accommodation or usage rules of the member service organization.
- Violation of the rule of limiting the use of the member's account to the person himself/herself.
- If there is any bad credit situation such as delayed payment at the member service organization.
- Physical, verbal, or written abuse, violence, or harassment of our employees or customers.
- False declarations or notifications when registering as a member, registering for purchases, or utilizing benefits or services.
- Abuse or misuse of any of the offers or privileges provided by the Company, or violation of its applicable terms and conditions.
- Violation of laws, court decisions, rulings, orders or binding administrative measures.
- Behavior that endangers public order or good morals.
- Infringement of the Company's or a third party's intellectual property, reputation, privacy, or other rights.
- Anyone who willfully disseminates false information.
- Any other person who violates public order and morals, the principle of honesty and integrity, or the purpose of this service, and who fails to rectify the situation after being notified by the Company.
Points specification
All points have an expiration date, which is based on the display of the membership platform. After the expiration date, the points will automatically expire and cannot be restored, nor can they be exchanged for cash or other goods and services.
The reward and time of crediting vary according to the conditions of obtaining the points, and are subject to the Company's member's rights announcement and the announcement of each marketing activity on the official website. In the event of a return or cancellation of a transaction, points will be credited according to the actual amount of the return or cancellation.
The accumulation method, validity period and conversion ratio of points are subject to the Company's announcement.
Points may not be transferred, gifted or exchanged for cash unless otherwise announced by the Company.
Coupon Specifications
All coupons (e.g. late check-out coupon, etc.) have an expiration date, which is based on the description of each coupon. After the expiration date, the coupons will automatically expire and cannot be restored, nor can they be exchanged for cash or other goods and services.
The time of obtaining and crediting the coupons varies according to the conditions of obtaining the coupons, and is subject to the Company's member's rights announcement and the official website activity announcement. In case of non-eligibility due to return or cancellation of transactions, the coupons will be reclaimed according to the actual circumstances of return or cancellation.
The method of acquisition, conditions of use, applicable room types, applicable dates and restrictions of each coupon are subject to the contents of the coupon or the announcement of the Company's platform.
Coupons may not be resold or utilized for profit.
Coupons cannot be transferred, gifted or exchanged for cash unless otherwise announced by the Company.
Coupons are considered completed once used and cannot be reused or claimed for compensation.
Reservations, Changes and Cancellations
- Members should provide correct information when booking the room, if the information is incorrect and affects the rights and interests of the room, members should bear the relevant responsibility. If there is a need to modify or cancel the order after it has been sent out, it should be operated in the same way as the original booking, or apply to the Company's customer service center.
- In principle, the Company shall honor established orders; however, in the event of any of the following circumstances, the Company may modify or cancel the order, notify the member, and provide an alternative or refund depending on the actual situation:
- Member's request for modification or cancellation.
- In the event of a system error or an apparent error in information (e.g., incorrect price, incorrect room type), performance is not possible.
- The original service cannot be provided due to force majeure factors (e.g. natural disasters, epidemics, government orders, etc.).
- Abnormal supply conditions (e.g., lack of room, facility failure, etc. not attributable to the Company)
- Any other reasonable cause agreed by both parties.
- Please refer to Article 2 [Scope of Membership Benefits] for the applicable scope of membership benefits (including point accumulation, point discount, coupon use, etc.).
- The Company may determine the credibility of the order based on user records or risk assessment mechanism. If the order is suspected to be abnormal, malicious or may jeopardize the security of the transaction, the Company may reject or cancel the order; if necessary, the Company may notify the member to supplement the relevant information for confirmation.
- If the original order cannot be provided due to the availability of products or services (including but not limited to lack of room, out of stock or other factors that cannot be attributed to the Company), the Company may notify the member to refuse or ask the member to modify the order.
Fees and Payment Methods
- All fees, taxes, deposits and other related expenses are based on the amount shown on the Company's platform at the time of ordering.
- Payment methods include credit card, third-party payment, or other payment methods provided by the Company at the time; the availability of each payment method is subject to the availability of the system.
- If the credit card used by the member is returned, rejected, or other circumstances affecting the collection of payment occur, the Company may suspend or terminate the membership and related services, and may require the member to replenish the relevant amount.
Invoicing
The product name of the invoice is created in accordance with the Company's standardized regulations, and the invoice is issued for the actual transaction amount; it is not possible to specify other product names, amounts, or invoice dates. The invoice date is based on the actual date of issuance and cannot be specified.
If there is an error in the standardized code provided by the member and it needs to be changed, please contact the actual service provider as soon as possible.
The Company follows the relevant governmental laws and regulations to open electronic invoices. The member may account to the carrier or cell phone barcode; whether or not the account is accounted for does not affect the validity of the establishment of the transaction.
If a member needs to reprint or send a paper invoice, or requests to reissue a paper invoice due to personal factors, he/she should follow the regulations of the Company and the relevant laws and regulations; in some cases (e.g., electronic invoices), it may not be possible to provide paper reprints.
If the booking process involves changes, rescheduling or price difference adjustments, the invoice will be opened or reopened based on the actual settlement amount and will be discounted or voided in accordance with the relevant tax regulations.
When refunding, the member should complete the procedure of canceling or discounting the invoice in accordance with the regulations; before completing the procedure, the Company may suspend the refund. Refund method and time in accordance with the original transaction method and the Company's operating procedures shall prevail.The
Product Information
The product descriptions, prices and pictures shown in this service are compiled based on the information available at the time, but the actual content is still based on the latest information provided by the stores. The Company will continue to maintain the consistency of the information on the website and in the stores; in case of discrepancies, the information in the stores shall prevail.
The Company may adjust the price and content of the products according to operational needs. Major adjustments will be announced on the Company's website, along with other related details. However, orders that have already been established will still be handled in accordance with the contents at the time of establishment and will not be affected by subsequent adjustments.
If the order is established due to obvious errors (including but not limited to obvious price anomalies, system information anomalies, etc.), the Company may cancel the order and notify the member, and will provide a refund or other appropriate means of handling the case.The
Marketing Activities Taxes
- Members who redeem membership points for merchandise or coupons provided by the Company as a result of participating in the Company's marketing activities (including, but not limited to, long and short-term activities such as registration gifts, promotion gifts, etc.) shall be considered as "Other Income" in accordance with the provisions of the relevant laws and regulations on income tax. The Company will report the annual income of individuals whose cumulative annual payment amount reaches NT$1,000 (or more) in accordance with the law.
- Bonus points or in-kind prizes received by members as a result of participating in the Company's bonus activities (including, but not limited to, sweepstakes) are considered to be "income from winning opportunities" in accordance with the relevant tax laws. If a member's annual cumulative winning value reaches NT$1,000 (inclusive), it will be included in the individual's annual income from winning opportunities; if the value of a single winning value reaches NT$20,010 (inclusive), the winner shall be responsible for the income tax of 10% on the winners' own, which will be withheld by the Company in accordance with the law. Winners are required to provide the necessary information for tax filing in order to complete the reporting process; if the member fails to provide the relevant information, he/she will be deemed to have forfeited his/her eligibility to win the prize.
- Any tax incurred by members as a result of their participation in the Company's activities shall be borne by the members themselves in accordance with the provisions of the tax law; any other matters shall be handled in accordance with the provisions of the relevant tax laws and regulations.
Remarks: The term "benefits" includes merchandise and accommodation coupons redeemed on the Company's platform by members using points earned from marketing activities, not limited to physical coupons or cash.
Service Discontinuation, Modification and Disclaimer
- When members start to use the service, it means that they have fully read, understood and agreed to accept the contents of these terms and conditions. The Company may adjust, change, suspend, cancel or terminate all or part of the service contents in accordance with the actual operational needs and announce it on the service website; effective from the date of announcement.
- Members who do not agree with the previous adjustments or changes should immediately stop using the service; if you continue to use the service after the announcement, you are deemed to have read, understood and agreed to the relevant changes. The Service's published and updated usage guidelines, policies and service descriptions all constitute part of these Terms and Conditions.
- The Company will continue to update the system functions and service descriptions according to operational or legal requirements; the revised terms and conditions will take effect after the announcement on the website. The Company may adjust, change, suspend or terminate member account services as needed; members should pay attention to the contents of this service announcement without separate notification from the Company.
- The Company may temporarily or permanently suspend this service, members shall not claim any compensation or indemnity for this; however, in accordance with the relevant laws and regulations or the terms and conditions of these Terms of Use, unless otherwise stipulated.
- The Service may be affected, in whole or in part, by interruptions, delays or data transmission errors due to the following events:
- Force majeure factors (including but not limited to natural disasters, epidemics, war, strikes, government orders, etc.).
- Third-party factors (including, but not limited to, system, network, or equipment failures or interruptions of the carrier or third-party vendors).
- Routine or emergency maintenance work (we will try to perform it during off-peak hours).
- Equipment failure or other technical factors. The Company shall not be liable for any damages arising from (a), (b) and (c) above. In the case of (d) above, the Company will repair the damage as soon as possible; if the Company's gross negligence results in actual damage to the member, the Company shall be liable in accordance with the law.
- The Company does not warrant that the Service will be free from defects in fact or in law (including, but not limited to, security, reliability, accuracy, completeness, validity, fitness for a particular purpose, error or infringement of rights).
- Except for those caused by the Company's intentional or gross negligence, the Company shall not be liable for any direct, indirect, or consequential property or non-property damage arising from the use of the Service by the Member.
Risk Assumption
Members agree that the use of this service is based on individual free will and should evaluate the related risks by themselves. The Company does not guarantee that the data, downloadable content or other information provided by the Service is free of errors, viruses or other circumstances that may affect the security of the Member's system. Member's use of this service, download data or other behavior caused by his computer, mobile phone or other carrier equipment data loss, system damage or other damage, the Company, except for those caused by intentional or gross negligence, will not be liable for any compensation.
Intellectual Property Rights
The copyrights, patents, trademarks, trade secrets and other intellectual property rights of all contents provided by the Service, including but not limited to textual writings and information, graphics, audio and video, trademarks, logos, interface design, program code and other related materials, belong to the Company or the lawful right holders. Unless authorized in writing by the Company or the legal right holder in advance, no one is allowed to reproduce, distribute, transmit, alter, edit, rent, sell, or any other use of the materials in any form without authorization, or else he/she shall be responsible for the related legal liabilities.
This service is only available for members to use within the scope of authorization in accordance with their login identity. Members shall not use any unauthorized means to enter, crack, interfere or attempt to interfere with this service system, if any other way to enter this service system, violators will be investigated by the Company in accordance with the relevant legal responsibility!The
Links and Advertisements
The Service or all service-related web pages provide all links, advertisements, marketing, product descriptions and other kinds of information, may be linked to the websites of other individuals, companies or organizations, the purpose of providing such links is only to facilitate the members to collect or obtain the information, the Service does not guarantee and does not review the truth, completeness, timeliness or credibility of products, services or information provided on the websites of such individuals, companies or organizations that are linked. The Service does not guarantee and does not review the authenticity, completeness, timeliness or credibility of the products, services or information provided on the websites of the linked individuals, companies or organizations, nor do such individuals, companies or organizations, as a matter of course, have any employment, appointment, agency, partnership or other similar relationship with the Service.
Prohibition of engaging in behavior that violates the law
Members shall comply with the Terms of Membership and relevant laws and regulations, and shall not in any way interfere with, damage, or attempt to gain unauthorized access to the Services or related systems. The Company may, in its judgment, determine that a member has violated these Terms of Use or laws and regulations of the situation, may at any time stop the right to use the account or erase the account, and may delete its account information. Members who have violated the law should be responsible for the relevant legal liability. Members in the Republic of China outside the use of this service, should also comply with local laws and regulations and network use.
Members shall not publish, transmit or disseminate on the Company's official website or platform any content that violates laws and regulations, infringes on the rights of others, is defamatory, inaccurate, threatening, indecent, obscene, unlawful, offensive, inappropriate or otherwise inappropriate. Members should also ensure that their behavior does not infringe on the intellectual property rights or other rights of any third party.
Members should respect the privacy and legal rights of others when using this service. When posting content in the public area, members should ensure that the content does not involve personal privacy, and shall not publish any infringement of copyright or intellectual property rights in the form of text, pictures, audio and video, or any other form of information.The
Damages
Members shall be liable for damages or compensation if the Company, its affiliates, employees, trustees, agents, and other third parties are harmed or incur expenses (including but not limited to attorney's fees, litigation costs, investigation costs, and other necessary expenses) as a result of violation of laws and ordinances, the terms of membership, or infringement of the Company's or third party's rights and interests.
Member's behavior of using this service such as causing the Company to be investigated, claimed, or pursued by a third party or an administrative agency, the Company may request the Member to claim all damages arising therefrom, including, but not limited to, loss of goodwill, attorney's fees, litigation costs, and other necessary costsThe
Limitation of Liability
- The Company shall be liable for any damages arising from the use of the Service by the Member, and the scope of compensation shall be limited to the amount actually paid by the Member to the Company for the use of the Service within one year prior to the date of occurrence of the damages; provided that any damages arising from the willfulness or gross negligence of the Company shall not be subject to this limitation.
- The Company shall be liable only insofar as such liability is attributable to the Company. The Company shall not be liable for any damages arising out of the following events:
- The member's own operation, device settings, software and hardware environment or other factors that can be attributed to the member.
- Force majeure, including but not limited to acts of God, epidemics, orders of governmental authorities or other factors not attributable to the Company.
- Interruptions, failures, delays or errors in systems, networks, equipment or services provided or maintained by third parties.
- Members do not follow the terms and conditions or the relevant use of the use of the services of the disbenefits arising from the use of this service.
- The Services are provided in the condition in which they are provided at the time, and the Company does not guarantee that they will be faultless or uninterrupted. However, the Company will maintain the quality of the service within a reasonable range and make necessary corrections. If members find any abnormalities in the service, they may notify the Company and the Company will assist in dealing with them according to the actual situation.
- The Company shall not be liable for indirect damages, consequential damages, lost profits, or non-property damages arising from the use of this service by the Member; provided, however, that any damages caused by the Company's willful intent or gross negligence shall not be limited herein.
Effect of Individual Terms
If all or part of these terms and conditions are deemed invalid, this shall not affect the validity and application of the other terms and conditions.
If any provision of these Terms or portion thereof is held to be invalid, illegal or unenforceable, such provision or portion thereof shall be ineffective from the beginning and the other provisions shall remain in full force and effect.
Any invalid, illegal or unenforceable provision or portion thereof that materially affects the purpose of this Agreement or the relationship of rights and obligations as a whole so as to defeat the purpose of the Agreement shall be null and void.
The headings in these Terms and Conditions are for reference and convenience only and shall not be relied upon in construing the contents of these Terms and Conditions.The
Governing Law and Jurisdiction
The interpretation and application of these terms and conditions, as well as the rights and obligations between the member and the Company arising from the use of this service shall be interpreted and applied in accordance with the laws of the Republic of China.
In the event of any dispute arising out of these terms and conditions, both parties agree to negotiate in good faith and in an amicable manner. If the negotiation fails, both parties agree that the Taipei District Court in Taiwan shall be the court of first jurisdiction. However, if the court has other jurisdiction, it shall follow its rules.The