Terms of Purchase(For Taiwan)

March 10, 2016

The “Terms of Service” constitutes the legal agreement between you and Popworld Inc. (hereafter referred to as “Popworld”).
Your use of Popworld for the consumption behavior covering the purchase of merchandise, goods or services is all subject to the “Terms of Service”. Hence, please thoroughly peruse the “Terms of Service” before making your decision to continue the registration.

Please click the “confirmation” button on the purchase page to confirm your compliance with the “Terms of Service”.

1. Definition of specific terms

The terms used by the “Terms of Service” are defined as follows:
“You” or “buyer”: It refers to the client who applies to or registers with (for the purpose of use) or uses this Service to process payment transactions.
Client: It refers to those who register with this Service in their capacity as a buyer or a seller.
Seller: It refers to the client who uses this Service to process buyer’s payment transactions.
Popworld website: It refers to the website of Popworld, or Popworld’s affiliated enterprises or partner companies.
Payment method: It refers to the credit card and ATM card used by the client for registration of this Service, in order to conveniently process payment transactions. The billing address provided for the payment method shall be in the country/region where this Service is offered.
Payment transactions: They refer to the payment handling processed through this Service. After a payment transaction, the system debits or deducts the purchase amount with the buyer’s payment method, and deposits the amount to the seller’s account.
Products: They refer to the merchandise, goods or services published by this Service for sale, for which the buyer shall make a purchase with this Service.
Purchase amount: It refers to the transaction amount paid for a product purchased, as well as any relevant expenses, taxes or freight (if applicable).
Services: They refer to those Popworld payment services stated by the “Terms of Service”, which may help the seller accelerate the payment transaction handling.

2. Registration elements

To use this Service, you shall fill in the required information on the registration webpage of this Service. In addition, you shall provide a valid credit card or ATM card to process payment transactions and pay for the expenses and other payables incurred from the use of this Service. You shall also provide the latest, complete and accurate information and ensure that such information meets the real status. If required, we may request you to offer extra information as the condition for you to continue to use this Service, or to help us determine if we shall agree to your continuous use of this Service.

You shall authorize us to confirm with your card issuance financial institution if you have a good credit score, including but not limited to submission of the request for relevant payment authorization and/or low credit and/or debit using the referred payment method in accordance with the requirements of the credit alliance. To evaluate your registration or continuation of use of this Service, you shall also authorize us to access any credit report when we consider it necessary at any time, and/or inquire about the credit information or other background data we consider necessary.

You shall authorize us to confirm with your card issuance financial institution if you have a good credit score, including but not limited to submission of the request for relevant payment authorization and/or low credit and/or debit using the referred payment method in accordance with the requirements of the credit alliance. To evaluate your registration or continuation of use of this Service, you shall also authorize us to access any credit report when we consider it necessary at any time, and/or inquire about the credit information or other background data we consider necessary.

The consent to the buyer “Terms of Service” represents your confirmation for compliance with the terms below:

You are at least 18 years of age (or reach a legal adult age stipulated in your country/region), and you have the capacity to sign a legally-binding agreement with Popworld and the seller.
If you represent an enterprise entity, you shall, at the same time, confirm your compliance with the following terms:

You may execute business in the operation country/region if you are legally authorized, and the users of this Service including the employees, supervisors and other agents of your entity are all legally authorized to use this Service. The behavior of those who use your user name and password to process transactions is equivalent to your conduct. Hence, the behavior shall meet the requirements of the “Terms of Service”.

3. Handling services

3.1 Handling of payment transactions

3.1 Handling of payment transactions

You acknowledge and agree that your product purchase is a transaction relationship with the seller, in which the transaction relationship does not extend to Popworld or any of Popworld’s affiliated enterprises. Unless otherwise specifically stated in the product catalogue on Popworld’s website, Popworld is not the entity liable for your product consumption behavior, and it or any of its affiliated enterprises are neither the buyer nor seller of any payment transaction.

4. Allowed payment transactions

You can only process product payment transactions with this Service. The product shall be purchased from the seller through legal and goodwill behavior. This Service shall not be used for payment transactions irrelevant to product purchases incurred between buyer and seller or other account transfer behavior. It shall also neither be used for receiving the seller’s prepayment, nor for purchase of any product equivalent to cash (e.g. traveler’s check, prepaid card and draft). You are not allowed to use this Service to handle payables for trading or exchanging any illegal goods or services or those that may involve illicit transactions.

You agree not to use this Service to process any product payment transactions by violating the “Terms of Service”, other relevant policies or stipulations or applicable laws. Please refer to this webpage for better understanding of the products whose prices cannot be paid through this Service and other existing transaction-related polices. In case of any violation, your right to use this Service may be subject to suspension or termination.

5. Restrictions on use of services

Popworld shall define the common practices and restrictions of the use of this Service, including but not limited to the amount and frequency of the payment transaction and restrictions on individual transactions within a specified time or overall transactions. We reserve the right to change, suspend or cease any part of this Service at any time without prior notice and any liability, which includes this Service’s operation time or usable status or any of its functions. We also reserve the right to limit part of this Service’s functions, or part or entire of this Service’s content without prior notice or liability. Without prior notice to the buyer or seller, we may also refuse to process any payment transactions.

We are not in the position to guarantee no interruption or error of the functions provided by this Service. In case of any service interruption (including but not limited to power outage, system breakdown or other kinds of interruption which may affect payment transactions or the receipt, processing, acceptance, completion or clearing of this Service), we do not assume any liability.

We have full authority to determine whether to restrict or suspend your right to use this Service. If we cease your right to use this Service, we will promptly notify you via email. Suspension of the right will not affect your right to be eligible and your obligation to be assumed in accordance with the “Terms of Service” before and after the suspension.

6. Information on user name and password

You shall be liable for the following:

1) Keep your user name and password confidential.

2) All the transactions processed by those who use this user name or password either with your permission or with any other way on their own.

3) For any consequence resulting from using or abusing your user name and password, if it is found that someone uses your user name and password without your authorization or it is a violation of the safety of this Service, you agree that you will promptly notify us.

If the buyer is an enterprise entity, it shall agree that all of its supervisors, employees, agents, representatives and those who are aware of its user name and/or password must be authorized before using this Service, and their use of this Service has legal binding for the buyer. For the behavior conducted by the buyer’s current or ex-service supervisors, employees, agents, representatives and those who can use the buyer’s user name and/or password to access this Service (whether the buyer’s authorization is obtained), the buyer shall assume the relevant liability.

7. Privacy right

You understand and agree that you shall abide by this Service’s privacy policy for the personal information provided by you to us for this Service.

8. Use of e-communications

For the matters regarding this Service, we will contact you via e-communications, including: (a) delivery of emails to the email box provided by you in your registration, or (b) publication of notifications or messages on the website of Popworld. You agree to our e-communications with you for the following matters: the “Terms of Service” (and its amendments or supplements), notification or publication matters related to this Service, payment authorization and other matters related to your use of this Service.

You shall reserve the copy of any e-communication in paper form or e-file. When we send an email to the email box provided by you in your registration or the email box changed by you later on in accordance with the “Terms of Service”, or when we publish an e-communication on Popworld, those e-communications are deemed completion of delivery to you.

For the communication content and record offered to you in accordance with applicable laws, you agree that we may offer this kind of communication content or record via the e-communication method. The e-communications will apply to the following add-on clauses:

(a) You may contact us through this Service’s webpage showing the contact method to request a free e-communication’s e-file copy.

(b) You may request an e-communication copy in paper form, for which Popworld is entitled to collect a fee for its provision of the paper-form copy.

(c) You may contact us through this Service’s webpage showing the contact method to update your registration information for e-communications (e.g. email address), or cancel your consent to receipt of e-messages.

(d) If you refuse to receive e-messages from us or cancel your consent to e-messages, we are entitled to terminate your use of this Service.

9. Service fee

We do not charge any fee from the buyer using this Service. The card-issuance financial institution selected by you for payments may charge you a service fee for the debit or collection of payment transactions. You are advised to look up the rules and details regarding the payment method, so as to better understand the information regarding such service fee.

10. Dispute settlement

Popworld will provide various tools to assist customers in conducting negotiations with each other to resolve any disputes that arise in the transaction process. In the case where customers are unable to resolve their dispute and where either the buyer or the seller requests assistance, Popworld shall mediate the dispute that arises between the buyer and the seller. Under such circumstances, Popworld will examine the content of the dispute and provide non-legally binding solutions in a timely manner. For details please refer to FAQ.

Popworld may provide opinions or grading systems pertained to this Service and assist you in evaluating other customers who use this Service. You understand that these types of opinions and grading system only deliver the opinions of other customers who use this Service, not the opinion, assertion or guarantee of Popworld towards other customers who use this Service.

You agree that Popworld, affiliates of Popworld, its agents, contractors, management and employees shall not be liable for any damages, demands or compensation (actual and indirect damages) arising from, or related to, certain disputes. You agree that Popworld shall not be involved in any disputes arising from, or relating to, any transactions, agreements and arrangements related to this Service between it and the seller, other buyers, advertising customers or any other third parties. In the case where you try to involve Popworld, (i) you shall be liable for any litigation fees and other fees of Popworld and its affiliates and you shall be responsible for any damages in accordance with the following provisions; (ii) the jurisdiction of such dispute shall be subject to the following constraints. However, any right, compensation and defense you enjoy based on the agreement of buyer’s card issuer, provisions and details of telecom billing account, regulations of the National Credit Card Center of R.O.C. or any laws and regulations applicable to the income from this payment transaction shall not be within the scope of waiver in this “Terms of Service”.

11. Refund

In the case where you believe your account is established or used without authorization, please refer to our fraud prevention measures. Should you need further information, Popworld will help you defend against the harassments of fraudulent acts. Please refer to FAQ.

Unless otherwise stipulated in this “Terms of Service”, all of the payment transactions via this Service are non-refundable by Popworld. The buyer also may not cancel the payment transaction via this Service.

12. Popworld is not a bank

Popworld only handles the payment transactions on sellers’ behalf. It is not a bank or any other institution for making deposits; it cannot refund or issue tax credits. Any amount held by Popworld or its service providers (including all service providers of banking services) relevant to the handling of the payment transaction shall not been deemed as refundable deposits made by the buyer, and Popworld cannot provide any guarantee for the buyer’s interest.

13. Termination of service

Popworld has the full authority to terminate your right to use this Service for any reason, including but not limited to not using (this Service) and violation of this “Terms of Service”. Popworld may set other policies at any time without any compensation to you or any other third parties.

Even in the case where your right to use this Service has been terminated, you shall still be liable for all payment transactions and any other obligations. When your right to use is terminated, Popworld immediately obtains the right to prevent you from continuing to use this Service, including but not limited to suspending your user name and password and rejecting you (or your family and friends, or your parent company, affiliates, subsidiaries or successors if you are a company) from continuing to use this Service.

14. Tax obligations of the buyer and other domestic laws and regulations

You shall be responsible for reporting and paying any taxes arising from using this Service. You hereby agree to adhere to any tax laws and regulations applicable to you, including reporting and paying any relevant taxes arising from the payment transactions.

If you are a resident of a country / territory where foreign currency exchanges are subject to restriction, you hereby guarantee that you have obtained the necessary permission or permit from the competent authority for using this Service (and comply with all relevant laws and regulations). You hereby agree to provide Popworld with relevant foreign currency exchange approval documentation as evidence when necessary. In the case where you are unable to provide such documents, Popworld may suspend the service provided to you and/or shall not be liable for any relevant responsibilities. All valid and legally binding agreements between you and Popworld pertaining to this Service shall cease to exist.

The country / territory in which you are located may have financial or other laws and regulations that may further restrict your usage of this Service. Before registering for using this Service, please check with your bank for any relevant regulations or restrictions.

15. No endorsements provided for the product

Popworld does not provide any assertions or endorsements for the following items and shall not be liable for any relevant responsibilities:

(a) The safety, quality, accuracy, reliability, integrity or legality of any product, the truth or accuracy of the description of the products, or of any advice, opinion, offer, proposal, statement, data or other information displayed or distributed, regarding purchasing or payment through this Service or the web site of Popworld (hereinafter referred to as “Content”), or

The ability of buyers to buy products or sellers to deliver products. Popworld hereby disclaims any liability or responsibility for errors or omissions in any Content or in this Service. Popworld reserves the right (but shall have no responsibility) to edit, modify, refuse to post or remove any Content, in whole or in part, at Popworld's sole and absolute discretion, which is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Terms of Service for the buyers.

16. Unclaimed Property

In the case where Popworld is holding any payment due you arising from a payment transaction processed through this Service (or for any other reasons), and Popworld is unable to contact you and has no record of your use of this Service for several years, applicable law may require that Popworld report these funds as unclaimed property. Under these circumstances, Popworld will try to locate you at the address shown in our records. However in the case where Popworld is unable to locate you, Popworld may be required to deliver such funds to the competent authority as unclaimed property. Popworld reserves the right to deduct handling fees or other administrative charges from such unclaimed funds, under the prerequisite that such actions are permitted by the applicable laws and regulations.

17. Compensation

You agree to compensate, defend and hold harmless Popworld, its subsidiaries and other affiliates, and its directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (hereinafter collectively referred to as "Compensated Parties") from and against any and all claims, demands, causes of action, debt or liability (including but not limited to reasonable attorney fees and costs incurred by the Compensated Parties) arising out of the following circumstances:

(i) Your use of this Service;

(ii) Any breach or non-compliance by you with any term in this Terms of Service or any of Popworld's policies;

(iii) Any dispute arising from your actions or negligence, or

(iv) Your negligence or (alleged) violation of any law or rights of any third parties.

18. Disclaimer

This Service (including all contents, software, functions, materials and information made available, provided in connection with or accessible through this Service) is provided “as is”. To the fullest extent permissible by the law, Popworld and other affiliates and their agents, co-branders or other partners (hereinafter referred to collectively as “Popworld Party”) make no assertion or guarantee of any kind for this Service or the Content, materials, information and functions made accessible by the software used in, or accessed through, this Service, or for any breach of security associated with the transmission of sensitive information through this Service. Each of the Popworld Parties disclaims any guarantee (without limitation) with respect to this Service, non-infringement, merchantability, or fitness for a particular purpose. The Popworld parties do not guarantee that the functions contained in this Service will be forever uninterrupted or error free. The Popworld Parties shall not be liable for any service interruptions (including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions of this Service).

19. Limitations of liability; Force Majeure

In no event shall any of the Popworld Parties be responsible or liable to the buyer or any third parties under any circumstances for any indirect, consequential, special, punitive or exemplary damages or losses (including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses which may incur in connection with any of the Popworld Parties or this Service, or any goods, services, or information purchased, received, sold or paid via this Service) regardless of the type of claim or the nature of the cause of action, even if the Popworld Parties have been advised of the possibility of such damage or loss. In no event shall the Popworld Parties’ total cumulative liability arising from or relating to this Terms of Service exceed the net fees that Popworld has actually received from the buyer’s valid payment transactions during the first 3 month period immediately after the date of the claim. Each party acknowledges: that the parties have signed this “Terms of Service”, the “Terms of Service” clearly explains the limitations and such limitations are an essential basis of the negotiations between the parties. In addition (not limited to any of the foregoing) the Popworld Parties shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of the Popworld Parties, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other natural disasters, labor conditions, power failures and Internet disturbances.

20. Jurisdiction; Governing Law

This “Terms of Service” is written within the borders of the Republic of China, and shall be governed by the laws of the Republic of China. To the fullest extent permissible by the law, the parties agree that the first instance of any lawsuit arising from this Agreement shall be subject to the jurisdiction of Taiwan Taipei District Court. The parties specifically exclude from application to this Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.

21. Assertion

In addition to the electronic communications authorized under the section titled "Use of Electronic Communications", statements, notices and other communications to the buyer may be made by mail, email, postings on the Popworld web site or other reasonable means. Popworld may also provide notices of changes to this Terms of Service or other matters by displaying links to notices on the Popworld web site. Notice to Popworld may be made by mail to:

Popworld Inc.
11F.-2, No. 7, Sec. 3, Xinsheng N. Rd., Zhongshan Dist., Taipei City 104, Taiwan (R.O.C.)

22. Modification of Terms of Service for the buyers

Popworld has the right, in its sole and absolute discretion, to change, modify, or amend any portion of this “Terms of Service” at any time by posting notification on the Popworld web site or notifying the buyers by other means. The changes will become effective, and shall be deemed accepted by you after the initial posting and shall apply on a going-forward basis with respect to payment transactions after the posting date. In the event that you do not agree with any such modification, the sole and exclusive remedy is to terminate your use of this Service.

23. Assignment

You may not assign this “Terms of Service” or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Popworld. Any such attempted assignment shall be void. Popworld reserves the right to freely assign this “Terms of Service” and the rights and obligations hereunder to any third parties without notice or consent. Subject to the foregoing, this “Terms of Service” shall be legally binding upon the parties hereto, their successors and permitted assignees.

24. Survival

Upon termination of your use of this Service or termination of this “Terms of Service” for any reason, in addition to this section, the following sections shall survive termination: 3.1, 5, 7, 8, 10, 12 through 21, and 25.

25. Other provisions

The failure of Popworld to exercise or enforce any right or provision in the "Terms of Service” shall not constitute a waiver of such right or provision. If any provision of this “Terms of Service” shall be adjudged by the court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this “Terms of Service” shall otherwise remain in full force and effect and remain enforceable between the parties. Headings in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the said provisions. This Terms of Service (including Popworld's policies referred to in this Terms of Service) constitutes the entire agreement between Popworld and the buyer with respect to the buyer's use of this Service. This “Terms of Service” is not intended and shall not be construed to create any rights or remedies in any parties other than the buyer and Popworld, and other Popworld affiliates. The buyer, Popworld, and other Popworld affiliates shall be the third party beneficiaries of this Terms of Service for the buyers. No other person shall assert any rights as a third party beneficiary hereunder.