TERMS OF USE OF TRAVEL CONTENTS OFFICIAL ACCOUNT (GENERAL USER) (the “Terms of Use”)

 

TRAVEL CONTENTS OFFICIAL ACCOUNT and related services (the “Services”) is established and operated by Tripellet Inc. (the “Company”). Before submitting an application to be a general user of TRAVEL CONTENTS OFFICIAL ACCOUNT (the “General User”), please read the following terms and conditions, the Company’s Privacy Policy and Disclosure Regarding Collection, Process and Usage of Personal Data to understand the rights and obligations of General User and Company. Users may become General Users of TRAVEL CONTENTS OFFICIAL ACCOUNT provided that users represent and warrant they have read, understood and agreed to observe the following terms and conditions, the Privacy Policy and Disclosure Regarding Collection, Process and Usage of Personal Data.

 

1. Service

Through TRAVEL CONTENTS OFFICIAL ACCOUNT, the Company provides an online platform to General Users and Business Users. Business Users may place advertisement of discount tickets and discount information, and tender sales services via its TRAVEL CONTENTS OFFICIAL ACCOUNT; General Users of visiting in Japan then may acquire discount information about the cities in Japan, and purchase discount tickets via their TRAVEL CONTENTS OFFICIAL ACCOUNT.

 

2. Account Registration Application

2.1 General User shall have capacity to make juridical acts in accordance with the provisions of the laws of Republic of China. Users limited in capacity or under assistance to make juridical acts are allowed to use the Services provided their guardians or assistants have consented. If users limited in capacity or under assistance to make juridical acts continue to use the Services, their guardians or assistants shall be deemed to have consented the Terms of Use. The Company will not be liable for disputes arising out of the use of Services by users who are limited in capacity or under assistance to make juridical acts.

 

2.2 Applying for a registered account is necessary for using the Service. General User shall in the manner designated by the Company apply for using TRAVEL CONTENTS OFFICIAL ACCOUNT and input accurate and up-to-date information.

 

2.3 If General User is in either of the following circumstances, the Company may reject to certify or terminate the General User’s official account:

2.3.1 General User provided incomplete, incorrect, false or repeated application documents.

2.3.2 General User used false identity or another’s identity without authorization to apply for official account.

2.3.3 General User has no capacity or becomes incapacity to make juridical acts.

2.3.4 Application material is considered by the Company possibly violating the Terms of Use, the public policy or any applicable laws or regulation of Republic of China.

2.3.5 Any other circumstances under which the Company considers General User is supposed not to use TRAVEL CONTENTS OFFICIAL ACCOUNT.

 

2.4 If General User’s information is changed after the completion of account certification, the General User shall immediately notify the Company of the changed information in the manner designated by Company. The Company may request General User to provide relevant document for verifying the changed information, General User shall cooperate with the Company in this regard.

 

2.5 The Company has right to designate or to change nation and region of General User’s account.

 

3. Account, Password and Security in Utilization

3.1 General User shall keep account and password confidential. Any activity executed under the account by anyone who uses the same account and password set by General User will be deemed as General User’s own action.

 

3.2 General User shall be fully responsible for all activities executed under the General User’s account. The Company shall not be liable for losses which General User or third party may suffer arising out of third party’s misappropriation or unauthorized use of the account and password, or any other loopholes of security.

 

3.3 With authorization of respective General User, the Company may assist the General User in operation of the General User’s account to the extent reasonably, and access or operate the General User’s account to the extent necessary for assistance. The Company shall not be liable for losses which General User may suffer resulting from the aforementioned operation.

 

4. Redemption of E-voucher

4.1 As the information about activities or services (such as duration of an activity) shown on the Website and APP is provided and operated by Business Users, General User who desires to make reservations of Business Users’ activities or services via the Services shall approach the Business Users for more details of its activities or services.

 

4.2 After General User booked an activity or service with Business User, the system of Services will automatically ask General User by email or APP if the General User confirm to redeem an E-voucher. Once General User replies confirmation of redemption, the contract between the General User and Business User constitutes. Business User will provide to General User by email or APP with an E-voucher in respect of the activity or service.

4.3 Instructions of E-voucher and Confirmation Code

General User shall be at assembly point designated by Business User on the date or within the term of use stated in E-voucher after General User received the E-voucher and Confirmation Code, and provide to Business User’s personnel with E-voucher, Confirmation Code, identity document or other documents requested by Business User stated in E-voucher for its confirmation of identity.

In the event that General User fails to arrive at the assembly point of activity or service on the date or within the term of use stated in E-voucher, or fails to provide necessary documents for confirming orders or identity, Business User may reject General User to attend the activity or receive the service.

 

4.4 Limitation of E-voucher

Business User may have different limitations for each activity or service (such as time-limit, age, gender, etc. of activity). Business User will list relevant limitation in description of activity and service on the Website, APP or E-voucher.

 

4.5 Cancellation of E-voucher

4.5.1 Business User is the supplier of activity and service. Cancellation of E-voucher shall be in accordance with cancellation policy of each Business User, and shall be determined by each Business User to accept or reject the cancellation by General User. Should General User has any questions about the cancellation policy of E-voucher, please contact Business User directly.

4.5.2 In the event General User’s E-voucher was canceled by Business User, the Company will notify the General User by email.

 

4.6 In the event E-voucher is not workable for reasons not attributable to General User, the General User may contact the Company by email. The Company will assist in the connection and negotiation between General user and Business user.

 

4.7 This Article 4 (Redemption of E-voucher) shall apply to global users of the Service.

 

5. TRAVEL CONTENTS Reward Point Activity

 

5.1 TRAVEL CONTENTS Reward Point

According to Company’s TRAVEL CONTECTS Reward Point Activity, General User will obtain TRAVEL CONTECTS Reward Point. General User may use TRAVEL CONTECTS Reward Points conditionally to deduct amount for future service or activity.

 

5.2 Restriction of Activity

The content of the event is based on the Business Users rules, the company reserves the right to final modify, change and explain these terms and conditions, and the right to cancel the event at any time without any further notice.

In the event that any changes are made, the revised information shall be posted on the website without prior notice.

5.2.1 General User shall not earn TRAVEL CONTENTS Reward Point by fraud or any other improper manners. The Company may withdraw the TRAVEL CONTENTS Reward Points directly without notification once it is aware thereof.

5.2.2General User shall comply with the provisions of paragraph 1 of Article 6 under this Terms of Use in the course of leaving an activity review.

 

5.3 In respect of the content of review uploaded by General User, General User agrees that Article 9 (Intellectual Property Rights) of this Terms of Use shall apply to the General User’s intellectual property rights thereof and related interests.

 

6. The Obligations of General User

 

6.1 General User shall comply with the laws and regulations of Republic of China in the course the using the Services, and shall not commit any of the following behaviors:

• 1.1 commit, or solicit or aid another to commit, an offense;
• 1.2 use General User account by false identity or another’s identity without authorization;
• 1.3 make payment by, or use of, another’s credit card, debit card or bank account without consent;
• 1.4 infringe the Company’s or another’s trademark rights, copyright, patent rights, trade secrets, privacy rights, personal information or any other legal rights and interests;
• 1.5 post review or any content including violence, slander, harassment, unrefined, sex, discrimination, inducement or encouragement of suicide, self-harm, drug abuse or any other unpleasant content;
• 1.6 post any content that is not relevant to the Service, e.g. promotion, invitation and any other advertisement;
• 1.7 post or set a link in any form or manner by which another may be brought to third parties’ webpage including illegality, sex, computer viruses or pranks;
• 1.8 transfer or lend General User account to third party;
• 1.9 act in the name of the Company or another without authorization;
• 1.10 willfully disseminate false or inaccurate information;
• 1.11 illegally collect, process, use another’s personal information, user information, registration information or other users information;
• 1.12 crack, interfere, gain access, spread virus or any other offenses to the security of the server, web system or related equipment of the Service;
• 1.13 willfully abuse any deficiency or loophole of the system of TRAVEL CONTENTS OFFICIAL ACCOUNT;
• 1.14 upload, post or provide to the Company with any content which violates the Terms of Use or the TRAVEL CONTENTS Guideline;
• 1.15 all acts against the public policy or morals;
• 1.16 any other acts considered by the Company are improper.

 

6.2 Once the Company is aware that General User acts against the preceding paragraph, the Company shall have the right to reject to issue the content posted by General User or directly remove the content without notification.

 

7.Termination of General User Account

 

7.1 In the event General User is in either of the following circumstances, the Company may, without notice, suspend General User from using any part or all of the functions of the Service or directly terminate the General User’s TRAVEL CONTENTS OFFICIAL ACCOUNT.

• Any violations of the Paragraph 1 of Article 6 under the Terms of Use.
• General User uses TRAVEL CONTENTS OFFICIAL ACCOUNT for improper purpose.
• General User is not available to be contacted for reasons not attributable to the Company.
• General User has not signed in the account for more than one (1) year.
• In addition to the aforementioned circumstances, any other behavior of General User which is considered improper by the Company.

 

7.2 General User may terminate his/her account at any time in accordance with the Company’s termination instruction. Termination by General User shall be effective as of the date of the Company’s confirmation to his/her termination notice.

 

7.3 General User acknowledges and agrees that Company may delete any and all information contained in General User’s account and the content uploaded, posted or provide to the Company from the General User’s account if the account was terminated according to the provisions under Paragraph 3 of Article 2, or Paragraph 1 or Paragraph 2 of this Article 8; or the Company ceases to operate the Services according to Paragraph 2 of Article 12.

 

8. Indemnity

 

8.1 General User shall indemnify and hold Company harmless from and against any and all losses, expenses (including without limitation the government fees, court costs and attorney’s fees) and loss of profit arising out of or resulting from General User’s breach of the Terms of Use.

 

8.1 General User shall indemnify and hold Company harmless from and against any and all losses, expenses (including without limitation the government fees, court costs, attorney’s fees and settlement amount) and loss of profit that the Company may suffer or incur arising out of any appeal, accusation, civil claim or criminal proceeding that are brought against the Company by  third party because of General User’s use of the Services or any content uploaded or posted by General User from TRAVEL CONTENTS OFFICIAL ACCOUNT.

 

8.2 Any contents, products or services revealed on third parties’ websites are not concerning to the Company if the links of third parties’ websites are provided by General User. The Company shall not be liable for any appeal, related civil claim, criminal proceeding or administrative fine which General User may suffer because of such website links.

 

9. Intellectual Property Rights

 

9.1 The software, programs and all content on the Website used in the course of performing the Services (including without limitation copyright works, images, photos, videos, files, information, site structures and web designs) are the exclusive property of and owned by the Company or other licensors. Any other use of content on the Website without authorization of the Company or other licensors, including but not limited to collect, process, use, take advantage of, reproduce, public recitation, public broadcast, public presentation, public performance, public transmission, adaptation, distribution, public display, publication, public release, lease, reverse engineer, decompile, disassemble and resale, is expressly prohibited. In the event of any violation therof, violator shall be responsible for related crimes and indemnify the Company and licensors for any and all losses, expenses (including without limitation the government fees, court costs and attorney’s fees).

 

9.2 General User shall warrant that works, images, photos, videos, files, information and any other content uploaded, posted or provided to the Company are General User’s own creation or legally authorized by licensors. Upon General User uploads, posts or provides the content to Company, the Company shall be deemed to have been agreed to collect, store, process, manage, use the content, and make available for being searched, grabbed, published or otherwise used on systems and websites related to the Services. General User hereby agrees to grant Company the permanent, non-exclusive, transferable and sublicensable rights, for the purpose of advertising, promoting or operating the Services, to collect, process, use, reproduce, public recitation, public broadcast, public presentation, public performance, public transmission, adaptation, distribution, public display, publication, public release, lease, reverse engineer, decompile, disassemble and resale any part or all of the content, and to sublicense the foregoing rights to another within the scope.

 

9.3 The Company may immediately remove content without General User’s consent if third party asserts its intellectual property rights are infringed or request to remove the content, and notify General User of such assertion via the contact information registered when applying for the Services.

 

9.4 General User may submit an objection to the third party’s assertion in the manner designated by the Company within ten (10) days from the next day of the receipt of notification from Company according to the preceding paragraph. The Company will deliver the objection documentation over to complainant once receiving the same from General User. If complainant fails to provide to the Company with evidence that proved a civil proceeding or a criminal complaint against the General User had been filed within ten (10) days from the next day of the receipt of the objection documentation, General User may reupload the removed content.

 

9.5 General User shall promptly, properly and legally settle infringement disputes with complainant. The Company shall not be liable for or involved in any infringement disputes between General User and complainant.

 

10. Use of Personal Data of General User

 

10.1 General User acknowledges and agrees that Company may collect, process and use General User’s information in accordance with its Privacy Policy and Disclosure Regarding Collection, Personal Data Processing Agreement in order to provide the Services to the extent necessary for managing, developing, and improving the Services.

 

10.2 General User acknowledges and agrees that Company may disclose or provide General User’s account information and posted content to courts, prosecutors offices or any other governmental organizations according to their legal requests.

 

11. Disclaimer

 

11.1 The Services and its content by Company are provided “AS IS” without warranty of any kind, either express or implied. General User shall be solely responsible for liabilities and risks arising out of the use of Services and the accuracy, completeness, usability, security and legality of its content.

 

11.2 The Website and APP of Company may contain third parties’ website links, General User shall be solely responsible for related risks arising out of the access to third parties’ websites via the links. The Company shall have no obligation or right to oversee, and shall not be liable for any content, privacy policy or related activities available on third parties’ websites.

 

12. Cease and Suspense of Services

 

12.1 In the event of either of the following circumstances, General User agrees that the Services may be suspended by the Company without any liability:

• 1.1 Regular or emergency maintenance, improvement, upgrade, inspection and so forth to facilities or equipments in respect of the Services.
• 1.2 Any obstacles, malfunctions and so forth to facilities or equipments in respect of the Services.
• 1.3 Any malfunctions, interferences and so forth to electronic communications supplied by telecommunications enterprises.
• 1.4 Power outage, fire, earthquake, labor dispute, other natural disaster or any other circumstances not attributable to the Company which may prevent the Company from tendering the Services.

 

12.2 Company may at any time change or terminate any or all of its operation in respect of TRAVEL CONTENTS OFFICIAL ACCOUNT by an announcement or a notification without any liability.

 

13. Application and Amendment to Terms of Use

 

13.1 The Terms of Use of Company is available on TRAVEL CONTENTS OFFICIAL ACCOUNT website as well as registration webpage. Each General User shall be obliged to Terms of Use once clicking “I AGREE” to the content of Terms of Use and submitting TRAVEL CONTENTS OFFICIAL ACCOUNT application.

 

13.2 TRAVEL CONTENTS Guideline, Privacy Policy and Disclosure Regarding Collection, Personal Data Processing Agreement, as amended, announced by Company shall constitute parts of this Terms of Use. General User shall read and agree to observe this Terms of Use before experiencing the Services.

13.3 The Company may from time to time, without advance announcement or notice, add, delete or change any part or all of the Terms of Use. If General User continues to use the Services after any changes thereof, the General User will be deemed to have agreed with the Terms of Use as changed.

 

14. Declaration

 

The Company just provides an online platform for General User to purchase Business User’s discount tickets, namely the Services. A purchase agreement reached through the Services between General User and Business User is an agreement constituted between General User and Business User; therefore, the Company shall not in any event be deemed as a party thereto and shall not have any rights or obligations thereof. The Company shall not be responsible for any transactions or related disputes between General User and Business User.

 

15. Governing Law and Venue

 

This Terms of Use and the Services shall be governed by and construed in accordance with the laws of Republic of China. All disputes under, out of or in relation to this Terms of Use and the Services shall first be resolved by relevant parties comply with the principle of honest and good-faith. Each party hereby agrees that the Taipei District Court shall be the court of competent jurisdiction for the first instance.

 

2021.11.29update