The purpose to stipulate the internet online subscription terms

The purpose to stipulate the internet online subscription terms (the “Terms”) is to regulate and protect the subscriber's rights and interests of the Data E-Shop (the Data E-Shop) of Taiwan Stock Exchange Corporation (TWSE). The subscriber shall study and fully understand the detail contents of the Terms, and then click the “Agree” button to continue the subscribing process; when the subscriber clicks the “Agree” button, it means that the subscriber agrees with the Terms:

  1. The authenticity, security, and provision of the subscriber information:

    1. The subscriber must be an adult to proceed with the online subscribing process and ensure that the information provided to TWSE is accurate.
    2. The Data E-Shop of TWSE utilizes a secure transaction method and shall keep it confidential for the information input by the subscriber.

    3. TWSE is entitled to provide the subscriber’s information to the competent authority or relevant third party if one of the following conditions is agreed to by the subscriber:

      1. In accordance with the law.
      2. In order to implement the Terms, including but not limited to the remedy measures taken when the subscriber violates the Term.
      3. To keep the routine operation and security of the Data E-Shop.
      4. To shield the legitimate rights and interests of other subscribers or third parties in the Data E-Shop.

  2. Intellectual property rights:
    All products provided by TWSE (including but not limited to statistics after closing quotation, index constituent stocks information, historical trading information and other publications of TWSE) and all contents of the Data E-Shop, including but not limited to the copyrights, trademarks, database, Data E-Shop of text, graphics, program screens, and database administration and any other derivative rights and interests are owned by TWSE. The subscriber shall not disclose the contents of the subscribed products and the derivative products of paragraph 3, Article 5, or reproduce, transmit, distribute or provide them to the third party in any pattern through the internet and by any means without the prior written consent of TWSE. Except the non-exclusive license granted to the subscriber the rights based on the Terms, TWSE does not allow or transfer any rights to the subscriber or to the client for the transmission of the subscribed products from the subscriber (“the Information User”).

  3. Online subscribing:
    1. TWSE reserves the right to confirm the order. The subscriber recognizes that the products provided by TWSE are of a unique nature and, agrees that no return of the products or cancel the subscription after TWSE has transmitted the products.
    2. The subscriber recognizes that all transactions administered in the Data E-Shop are subject to the electronic transaction data recorded by TWSE. The subscriber shall verify related transaction information promptly after the conclusion of the transaction. If it is determined that the transaction data record of TWSE is inaccurate, it shall immediately report to TWSE and interpret jointly by the two parties. If there is still disagreement, the subscriber agrees that the electronic transaction information retained by TWSE shall prevail.
  4. Payment:
    1. The subscriber agrees to subscribe the products and make the payment according to the price and payment terms listed in the Data E-Shop.
    2. Except otherwise presented in the Terms or as otherwise ruled by laws, the payment made by the subscriber will not be refunded.
  5. Restrictions:
    1. If the subscriber checked “internal use” when subscribing the products in the Data E-Shop, the product is restricted to the subscriber, and shall not disclose to the public or for other objectives. If the subscriber is a juridical person or an unincorporated association, the internal users are limited to directors, supervisors, managers or employees only.
    2. If the subscriber checked “external use” when subscribing the products in the Data E-Shop, except for internal use, the subscriber may transmit the content of the products to its information users. However, the subscriber shall show [Information source: Taiwan Stock Exchange Corporation “TWSE”, order number: xxxx, other disclosure of this information prohibited], and the subscriber must prohibit the information user not to forward or provide the content of the products to a third party. When the information user of the subscriber retransmits or provides the content to a third party, the subscriber shall report TWSE immediately after becoming aware of the occurrence and shall cease providing any more information of the products to the information user.
    3. Without the prior written consent of TWSE, the subscriber shall not use the products provided on the Data E-Shop in compiling any index or other derivatives.
    4. The subscriber shall require its internal users or its information users to comply with the clauses of the Terms. The Subscriber shall deem when the internal user of the subscriber or its information user violates any clauses of the Terms as a breach of the Terms. The subscriber guarantees that TWSE is free from all acts of violation, accusations, claims, etc. of its internal users or its information users, and agrees to assist TWSE; in the event of a breach of the agreement, the subscriber should be liable jointly and severally for the damage to TWSE (including but not limited to litigation costs, attorney fees) caused by the internal user or the information users.
  6. Liability:
    1. The subscriber shall prepare the compatible software and hardware devices for receiving or download the products from the Data E-Shop. If subscriber cannot receive or download the products because of the incompatibility or due to a fault of it’s equipment, the subscriber shall be responsible for adjustment and managing of the equipment. To receive or download the subscribed products, the subscriber may contact TWSE to understand the relevant specification of software and hardware equipment before or after the subscription, but the subscriber shall not cancel the order because it cannot receive or download.
    2. The subscriber agrees to receive or download the changed orders from TWSE unconditionally when TWSE changes the orders because of the policy change or amendment of the laws.
    3. TWSE does not guarantee the correctness and completeness of the contents of the products provided in the Data E-Shop and does not promise the use of its contents for any specific purpose. The subscriber shall evaluate and sustain the results of using the products on their own. TWSE shall not be liable for any loss or damages yielded by the subscriber due to the use of the products.
    4. TWSE shall not be responsible for any damages and losses of delivery of the products caused by the subscriber in relation to any interruption, delayed or dismissed in network, computer or system, power or force majeure. However, other circumstances attributable to TWSE, which results in a loss suffered by the subscriber, the maximum amount of compensation shall be limited to the monthly fee of the relevant products ordered by the subscriber.
  7. Suspension of rights or termination of contract:
    1. TWSE may inform the subscriber to suspend any rights and to release or terminate the contract in electronic or written manner based on the information input by the subscriber in the Data E-Shop when the subscriber violates any of the clauses of the Terms. TWSE is entitled to command the subscriber to pay a penalty of TWD 200,000 for breach any of the clauses of the Terms.
    2. Any special offers provided by TWSE because of specific situation does not consider that TWSE agrees to modify or change any of the clauses of the Terms, and TWSE doesn’t exercise the rights of any clauses of the Terms does not consider that TWSE waives the rights and doesn’t affect any other rights of TWSE.
    3. TWSE may terminate all or partial transactions of the Data E-Shop because of amendment of regulations, policy change, business requirements of the corporation or any other reasons that cannot be attributable to TWSE. The subscriber accepts to terminate the Terms immediately upon receiving the notification from TWSE, and TWSE shall not be responsible for damages or loss to the subscriber or any third party. In this case, TWSE may refund the amount without interest that the subscriber has paid but has not received or downloaded the products on a pro-rata basis.
  8. Transfer:
    Without the prior written consent from TWSE, the subscriber may not assign the rights or obligations under the Terms to a third party.
  9. Clause amendment:
    TWSE may amend the Terms at any time because of regulations amendment, policy change, business requirements of the corporation or any other reasons that cannot be attributable to TWSE. TWSE may notify the subscriber of the amended terms through email based on the email address kept in the Data E-Shop, and said notification entered the subscriber’s email server shall be deemed to be delivered. If the subscriber does not express the objection in the manner designated by TWSE within 3 business days after the notification is delivered, it is deemed to agree to abide by the amended terms. If the subscriber expresses an objection in the method designated in the period above, the Terms shall be deemed to terminate. In this case, TWSE may refund the amount without interest that the subscriber has paid but has not received or downloaded the products on a pro-rata basis.
  10. Governing Law and Jurisdiction:
    1. The Terms shall be governed by and construed under the laws of the Republic of China. If a court of competent jurisdiction or other competent authorities holds that any provision of the Terms is invalid or unenforceable, the remaining portions will remain in full force and effect.
    2. Both parties shall settle any dispute arising from the Terms based on the good faith. If there is a requirement of litigation, both parties agree to use the Taiwan Taipei District Court as the court of competent jurisdiction for the first instance.
  11. Language:
    The Terms is prepared in both Chinese and English languages. In the event of any discrepancy between the Chinese and English versions, the Chinese version shall prevail.