Terms and Conditions of Accessing and Using of Evergreen Logistics Website
(hereinafter called the "Website")
FOR ACCESS AND USE OF THE WEBSITE, THE USER EXPRESSLY UNDERSTANDS AND AGREES AS FOLLOWS :
CONFIDENTIALITY AND NON-DISCLOSURE
01. The user agrees that:
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(i)
All information contained in the Website shall be used by the user solely for the purpose of business needs to Evergreen Logistics Corp. (including all their affiliates and branches worldwide called "ELC" collectively, hereinafter called the " ELC");
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(ii)
All Information contained in the Website shall remain at all times the property of ELC; and
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(iii)
Except as may be required by applicable law or legal process, the user shall not copy, download, reproduce, modify, publish, transmit, transfer, distribute, disclose, create derivative works, or disseminate such information to anyone, who does not have a need to know such information for the purpose for business to ELC, unless and until such time as:
- (a) Such information is generally available to the public other than as a result of a breach of this Terms and Conditions; or
- (b) Such information is already in the possession of the user or his/her/its employees lawfully prior to access to the Website; or
- (c) Such information is or has been lawfully disclosed to the user or his/her/its employees by a third party, not employed by or otherwise affiliated with the user, who is free lawfully to disclose the same; or
- (d) Such information is lawfully required to be disclosed to any governmental agency or is otherwise required to be disclosed by law; provided, however, that before making such disclosure, the user shall give ELC an adequate opportunity to interpose an objection and/or to take action to assure confidential handling of such information.
02. The user warrants that he/she/it will apply reasonable safeguards against the unauthorized disclosure of the information contained in the Website and agrees to protect such information in the same manner and to the same degree that the user protects his/her/its own confidential and proprietary information.
03. The user further agrees that he/she/it will not give any employee access to such information until and unless the user has ensured that such employee is aware of the obligations of this Terms and Conditions and has agreed to maintain the confidentiality of such information as required hereunder. The breach of the Terms and Conditions by the user's employees will be deemed as the breach of the Terms and Conditions by the user.
04. The user agrees that monetary damages would not be a sufficient remedy for any breach of this Terms and Conditions, and that ELC shall be entitled to seek injunctive or other equitable relief to remedy or prevent any breach or threatened breach of this Terms and Conditions by the user or persons under the user's direction or control (including but not limited to employees). Such remedy shall not be the exclusive remedy for any breach of this Terms and Conditions, but shall be in addition to all other rights and remedies available at law or in equity.
05. The user agrees that he/she/it will promptly, following receipt of a written request from ELC, return or destroy all aforesaid information and all copies of such information, if any.
DISCLAIMER
06. The information provided in the Website is believed to be accurate on “as is” basis, however ELC does not make any guarantee as to the accuracy or correctness of any information included in the Website. The user understands that, all of the Website's contents, including but not limited to the information, products and services contained or referred in the Website are subject to change or update at any time without prior notice.
07. All information presented in the Website is considered for information purposes only and does not constitute a legal contract or guarantee between ELC and the user unless otherwise specified.
08. Under no circumstance, including without limitation to, breach of contract, tort, negligence, or strict liability, shall ELC or any of its affiliates, respective partners, officers, directors, employees, subsidiaries, agents or representatives of any kind (hereinafter collectively called " the related parties") be responsible for any damage, loss, including but not limited to lost revenues, lost profits, error, omission, inaccuracy, or misuse, whatsoever direct, indirect, consequential, incidental, arising from or in connection with the use, in reliance on, or performance of any data or information provided in or delivered from the Website.
09. The user assumes total responsibility and sole risk for his/her/its use of the Website.
10. ELC makes no warranties or representations that the use of the services or materials displayed in the Website will not infringe rights of third parties.
REVISION
11. While ELC may from time to time, without prior notice and obtaining prior consent of users, revise the Terms and Conditions, the user is bound by such revisions and should therefore periodically visit the Website to review the updated Terms and Conditions.
CONFLICT
12. In case of any conflict between the Terms and Conditions herein or any service information in the Website and the information contained in the applicable ELC’s internal documentation/agreement, the internal documentation/agreement will prevail.
13. Neither ELC nor any of the related parties assumes or accepts any responsibility whatsoever and bears no liability for any damages to or viruses or other items of destructive nature that may infect the user's computer, software, hardware, systems or other property on account of the user's accessing, using and/or browsing the Website and any of its services or downloading of any material, data, text, image and whatsoever from the Website.
14. ELC assumes no responsibility, and shall not be liable for any loss, damage or whatsoever due to the third party's unjustified access to the Website or to passwords data or information in the Website.
INTELLECTUAL PROPERTY RIGHTS
15. Unless otherwise specified in the Website, ELC retains any/all title(s), right(s), profit(s) and interest(s) of the Website's contents, including but not limited to text, photographs, images, domains, sub-domains, trademarks, logos, or any other intellectual property rights, moral rights and similar benefits of any type in connection with the Website and the services offered.
16. Except as strictly provided or permitted in the Terms and Conditions, any act in respect of the reproduction out of any data or contents provided from the Website, or other copying, redistribution, publication or retransmission of any portion of the material of the Website is forbidden without prior express written permission or prior consent of ELC.
17. While the Website may contain other proprietary notices and copyright information, the Terms and Conditions of which have to be obeyed and followed by the user.
HYPERLINK
18. The links in the Website allows other sites to be accessed. Such linked sites are not under the control of ELC, and ELC bears no liability to the contents of these sites. ELC makes no warranty or representation whatsoever pertaining to any other Websites the user may access through the Website or which the user may use or access to such Websites and any of its services. While the user accesses a non- ELC's Website, the user understands that it is independent from ELC.
19. The Website provides links only as a convenience, and such inclusion of any link does not imply endorsement by ELC. The user may take precautions to ensure that the use is free of viruses and other items of destructive nature.
INDEMNIFICATION
20. The user agrees to indemnify, defend and hold ELC and the related parties harmless from and against any and all liability, demands, judgments, costs, expenses (including, without limitation, reasonable attorneys' fees), losses and damages (including, without limitation, punitive damages) incurred or suffered by ELC or the related parties and arising from or in connection with the user's breach of any his/her/its representations, warranties, covenant or obligations provided in this Terms and Conditions or the user's using of the information contained in the Website that results in any damages or losses of any third party.
GOVERNING LAW AND JURISDICTION
21. Except where otherwise stipulated, theThe Website as well as the Terms and Conditions herein shall be subject to the laws of Taiwan. The user agrees that any claim or cause of action arising out of the use of the service in Website or related to the Terms and Conditions herein, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. The user expressly waive any right he/she/it may otherwise have under any statue or law. Except where otherwise stipulated, anyAny dispute, claim, argument, and any other controversy arising from or in any way related to the Website, including the Terms and Conditions, shall be submitted to the exclusive jurisdiction of Taipei District Court of Taiwan.
23. MISCELLANEOUS
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(i)
All information provided to ELC by users to the Website is considered to be non-confidential and non-proprietary, user affirm that he/she/it has full legal right to provide the information. Information provided by the user will not be disclose by ELC to any third party except as may be required for the provision of the services or meet the requirements under the laws.
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(ii)
The user agrees that not to alter the information on the Website, block or restrict other user’ s logging-on to the Website, interfere with the normal operation of the Website, or destroy the integrity of the Website via illicit access of the Website.