Taiwan Index Plus Corporation 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 Taiwan Index Plus Corporation (TIP).

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

    1. If the subscriber is a natural person, the subscriber must be an adult to proceed with the online subscribing process and ensure that the information provided to TIP is accurate.
    2. The index data service of TIP utilizes a secure transaction method and shall keep it confidential for the information input by the subscriber.

    3. TIP 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 Terms.
      3. To keep the routine operation and security of the index data service.
      4. To shield the legitimate rights and interests of other subscribers or third parties in the index data service.

  2. Intellectual property rights:
    All products provided by TIP (including but not limited to statistics after closing quotation, index constituent stocks information, historical trading information and other publications of TIP) and all contents of the index data service, including but not limited to the copyrights, trademarks, database, index data service of text, graphics, program screens, and database administration and any other derivative rights and interests are owned by TIP. 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 TIP. Except the non-exclusive license granted to the subscriber the rights based on the Terms, TIP 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. TIP reserves the right to confirm the order. The subscriber recognizes that the products provided by TIP are of a unique nature and, agrees that no return of the products or cancel the subscription after TIP has transmitted the products.
    2. The subscriber recognizes that all transactions administered in the index data service are subject to the electronic transaction data recorded by TIP. The subscriber shall verify related transaction information promptly after the conclusion of the transaction. If it is determined that the transaction data record of TIP is inaccurate, it shall immediately report to TIP and interpret jointly by the two parties. If there is still disagreement, the subscriber agrees that the electronic transaction information retained by TIP 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 index data service.
    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 index data service, the product is restricted to the subscriber only, and shall not be disclosed 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. Without the prior written consent of TIP, the subscriber shall not use the products provided on the index data service in compiling any index or other derivatives.
    3. 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 TIP is free from all acts of violation, accusations, claims, etc. of its internal users or its information users, and agrees to assist TIP; in the event of a breach of the agreement, the subscriber should be liable jointly and severally for the damage to TIP (including but not limited to litigation costs, attorney fees) caused by the internal user or the information users.
  6. Liability:
    1. The subscriber shall verify the accuracy of information provided by themselves. If the information of the subscriber has any errors or mistakes, it shall immediately report to TIP to correct. TIP shall not be liable for any damages or loss if the rights of the subscriber are affected by the uncorrected information of the subscriber. The subscriber shall prepare the compatible software and hardware devices for receiving or downloading the products from the index data service. If the subscriber cannot receive or download the products because of the incompatibility or due to a fault of its equipment, the subscriber shall be responsible for adjustment and management of the equipment. To receive or download the subscribed products, the subscriber may contact TIP 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 the product.
    2. The subscriber agrees to receive or download the changed orders from TIP unconditionally when TIP changes the orders because of the policy change or amendment of the laws.
    3. TIP does not guarantee the correctness and completeness of the contents of the products provided in the index data service 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. TIP shall not be liable for any loss or damages yielded by the subscriber due to the use of the products.
    4. TIP shall not be responsible for any damages and losses of delivery of the products caused by the subscriber in relation to any interruption, delay or dismissal in network, computer or system, power or force majeure. However, other circumstances attributable to TIP, 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. TIP 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 index data service when the subscriber violates any of the clauses of the Terms. TIP is entitled to command the subscriber to pay a penalty of TWD 200,000 for breaching any of the clauses of the Terms.
    2. Any special offers provided by TIP because of specific situation does not consider that TIP agrees to modify or change any of the clauses of the Terms, and TIP doesn’t exercise the rights of any clauses of the Terms does not consider that TIP waives the rights and doesn’t affect any other rights of TIP.
    3. TIP may terminate all or partial transactions of the index data service because of amendment of regulations, policy change, business requirements of the corporation or any other reasons that cannot be attributable to TIP. The subscriber accepts to terminate the Terms immediately upon receiving the notification from TIP, and TIP shall not be responsible for damages or loss to the subscriber or any third party. In this case, TIP 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 TIP, the subscriber may not assign the rights or obligations under the Terms to a third party.
  9. Clause amendment:
    TIP 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 TIP. TIP may notify the subscriber of the amended terms through email based on the email address kept in the index data service, 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 TIP 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, TIP 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 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.