The EVERY8D messaging platform (hereinafter referred to as the Service) is a SMS messaging service provided by Teamplus Technology Inc. (hereinafter referred to as the Company). The service is charged with pre-paid SMS points (hereinafter referred to as the points), which are deducted from the balance upon sending the message. Before using the Service, users shall read and agree on all contents of the following terms and conditions：
A. Member Instructions
- All SMS points purchased by the member (representing the “account holders and users” of the Service) for the Service may be used eternally without an expiry date.
- Members can go to the Point Service page to check the balance of SMS points with the query function; or go to the Service Page to check the consumer and recharge records.
- Members shall keep the login account number and password in a safe place. If not, members shall be solely and fully liable for everything happened with that account number and password.
- In case of suffering from a damage or loss due to the embezzlement by a third party, members must not request the Company to make a compensation if the causes are not attributed to the Company.
B. Code of Conduct
- Members must abide by telecommunications and intellectual property rights related laws and regulations of the Republic of China (Taiwan). In case of violating relevant regulations, the Company may immediately suspend the provision of the Service.
- Members shall not use this Service to transmit any insulting, abusive, harassing, intimidating, fraudulent or any other illegal information. If Members use this Service in violation of the relevant Ordinance and the provisions of this Agreement or in violation of the rights and interests of third parties, they shall, after verification by the Company, directly suspend the account and service without notice, and the resulting liability shall be on the Member’s own and the Company shall not bear any legal liability. The Member shall be liable for damages to the Company arising out of the violation of the Act by the Member.
- Members shall not use this Service to transmit fraudulent messages. If the content is determined to be fraudulent according to the system after cross-matching between the Police and Telecommunications Operators, the sent message will not be delivered successfully, the number of points will be deducted, and the Company will suspend the Member, terminate the provision of this Service, and the fee paid shall not be refunded.
- As the internet is formed by various networks, members who intrude into a third-party’s system and result in a damage or illegal use of the data when using the Service shall be solely liable for all direct and indirect damages and related criminal liability.
- If a member violates the Code of Conduct and is not liable to the Company, the Company may terminate the provision of the point service and shall not refund the fees paid
C. Service Integrity and Service Interruption
- Where the Service is suspended or interrupted due to routine maintenance, relocation, replacement, upgrade or repair, the Company will, prior to the said suspension or interruption, notify members thereof on the front page. There is no need to notify the members thereof in advance or be liable for the compensation.
D. Duty of Confidentiality
The Company is liable to protect the confidentiality of information and must not disclose the data to a third party unless you request to review the data; or the competent authority has, according to Article 23 of “Computer-Processed Data Protection Act” and related regulations, instructed an query with an official letter.
- Required by a justice, supervisor or law enforcement agency for criminal investigation.
- Required by other government agencies for the enforcement of public power and the said enforcement shall be supported with justifiable reasons.
- Required by an agency related to the public life and safety for emergency assistance.
E. Scope and Limitation of Liability
- The Company shall ensure that the Service operates normally and shall immediately fix the barrier, if any. Nevertheless, if the Service does not operate normally due to the members’ equipment issue, the Company is not liable for the compensation.
- Where any of the following circumstances have resulted in a suspension or interruption of the Service; impossibility of proceeding the transaction; missing or damage of data; or other direct or indirect damages, the Company is not liable for compensation, unless it is caused by the Company’s intentional or gross negligence. If the Company is deemed liable for the compensation, the compensation will be made only for damages caused by direct impact, whereas indirect loss, economic loss and lost benefits will not be compensated.
- Caused by the service system during the engagement of routine maintenance, relocation, replacement, upgrade or repair.
- Data missing or damage caused by back-up error or failure.
- Caused by a third party’s behavior or a matter that cannot be fully controlled by or attributed to the Company.
- Caused by natural disaster, malicious virus attack or other force majeure events.
G. Dispute Mediation and Court of Jurisdiction
Both parties agree that all disputes arising from this Service shall be firstly resolved by New Taipei City Xindian Mediation Committee. If the dispute cannot be resolved, both parties agree that Taiwan Taipei District Court is the court with jurisdiction for the first instance and the laws of the Republic of China will be adopted as the proper law.