Terms and Conditions
Effective Date：September 8,2021
- Introduction
(1) This website www.ASPNex.com (https://www.ASPNex.com) is owned and operated by YC Consultants Limited.
(2) These terms and conditions are available in both Chinese and English language.
- Definitions
Capitalized terms have the following meanings in these terms and conditions:
(1)“Consumer” : an individual or an organization purchasing services wholly or mainly for personal or organizational use (not for use in that person’s trade, business, craft, or profession).
(2)“Content” :all information of whatever kind (including but not limited to posts, comments, images, photos, audio and video), published, stored or sent on or in connection with our Service.
(3)“Data Protection Legislation” –:the Personal Data Protection Act and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time in Taiwan and any successor legislation.
(4)“Service” : our website, the services we offer by means of our website and any related software and services.
(5)“User” :persons or organizations using our Service (whether registered with us or not).
- Changes to the terms and conditions
We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.
- Your order
(1) Your order is an offer to contract with us.
(2) You place your order by via verbal or written request. We will contact you either via a confirmation email, phone call or other forms agreed by both parties, which is our acceptance of your offer and the point at which a legally binding contract is formed.
- Use of our Service
(1) We grant Users a limited personal non-exclusive, non-transferable right and license to use our Service during the term of the agreement between us subject to these terms and conditions.
(2) You are not eligible for, and must not use or register on, our Service if:
you are display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (e.g. because the country does not permit such a Service or display of or access to such material at
all or because you are under the relevant age limit in that country).
(3) When you communicate with us on behalf of a company / organization, you are holding yourself out as having authority to act on behalf of and bind that entity.
(4) We reserve the right in our discretion to refuse any application for a subscription. We are entitled to terminate any free trial at any time for any reason in our discretion.
(5) You agree that you will not conduct following behaviors with the Service:
(a) breach any applicable law, regulation, or code of conduct.
(b) publish or send any Content (including links or references to other content), or otherwise behave in a manner, which: is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive, or deceptive.
infringes any intellectual property or other rights of others; involves phishing or scamming or similar; or we otherwise reasonably consider in our absolute discretion to be inappropriate.
(c) impersonate any person or entity for the purpose of misleading others.
(d) publish or send any Content which links to any third-party websites which are unlawful or contain inappropriate Content.
(e) sell access to the Service or sell advertising, sponsorship or promotions on or in connection with Content, unless authorized by YC Consultants.
(f) use the Service to provide a similar service to third parties or otherwise with a view to competing with us.
(g) do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings
(h) do anything which may negatively affect other Users’ enjoyment of the Service
(i) gain unauthorized access to any part of the Service or equipment used to provide the Service.
(j) use any automated means to interact with our systems excluding public search engines
(k) attempt, encourage or assist any of the above
(6) Users must not do anything which damages, or might damage, our reputation.
(7) You must comply with our terms of use and other applicable legislation while using our service.
(8) We are entitled to impose and/or change limitations on usage of our Service, for example in relation to bandwidth.
(9) You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.
(10) We do not supply support except to the extent specifically stated on our website, as may be varied from time to time.
- Your Content
(1) You are responsible for your Content.
(2) You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
(3) If you use any features on our website which enable you to share your Content with third party websites, we are not responsible for use of your Content on those third-party websites.
(4) We reserve the right without notice or refund to suspend, alter, remove, or delete Content or to disclose to the relevant authorities or to a complainant any Content or behaviors if it is the subject of complaint or where we have reason to believe
that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
(5) It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
(6) We reserve the right without notice to irretrievably delete your Content at any
time.
- Content of other Users
We do not endorse or recommend any comments or other Content posted by other Users. You rely on such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content.
- Guidance by us
Our Content is intended to be informative, but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as
to its accuracy and suitability for your purposes. The information is not intended as investment or professional or other advice.
You rely on such information at your own risk.
- Third party services / advertising / websites
(1) We may use third party-provided services or display third party advertising within our Service and/or link to third party websites which may be of interest to you.
(2) We do not recommend or endorse, nor are we legally responsible for, those websites or services. You use them at your own risk.
- Your account
(1) Your account on our Service is for your personal use only and is non-transferable. (2) You must not authorize or permit any other person to use your account.
(3) You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse, or unauthorized disclosure or use of a password. While third parties are strictly prohibited from accessing your account or identity, you are responsible for their activities should they gain access (unless and to the extent that we are at fault).
- Payment
(1) While certain features and parts of our Service may be available to Users free of charge, full use of our Service is available only to Users who subscribe. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. All prices are quoted exclusive of VAT. Payment is in advance unless specified in another service contract.
(2) You are legally committed to pay your subscription payment once we confirm your order.
(3) Subscriptions are not auto-renewed when they expire. Subscriptions can be renewed by request at the applicable subscription price at the time.
(4) We may at any time change our subscription prices, but this will not affect existing subscriptions. The new rate takes effect if you apply for a new or renewed subscription.
(5) You must contact us immediately with full details if you dispute any payment.
(6) If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you:
(a) a reasonable additional administration fee
(b) the amount of any third-party charges imposed on us
(c) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable
(d) You must pay all amounts due to the Service in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- Suspension and cancellation
(1) You may at any time cancel this agreement (including your subscription) via written request or by deleting your account via our website. Cancellation under this clause does not give rise to any refund from second year of your subscription.
(2) We are entitled at any time to cancel this agreement by email notice without cause. If so, we will refund in full any fees already paid which relate to the period after cancellation.
(3) We are entitled at any time to cancel this agreement by email notice if we terminate our Service as a whole.
(4) We are entitled at any time to cancel this agreement (with or without notice) or suspend part or all our Service if we have reason to believe that you have breached our terms and conditions or if any fees due to us are unpaid / unjustifiably charged
back or if it is necessary to protect us or others or if we are required to do so by law or appropriate authority. There will be no refund of your subscription.
(5) Following cancellation of this agreement: Your right to use our Service is terminated. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.
- Functioning of our Service
(1) We do not guarantee that the Service will be uninterrupted or error-free and are not responsible for any losses arising from such interruptions or errors provided we take reasonable steps to fix any faults which are within our reasonable control.
(2) We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement, or other technical reason.
(3) We are entitled, without notice and without liability, to make changes to the Service provided these do not have a material adverse effect.
- Limitation of Liability
(1) In no event will we be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise arising under or in connection with the Services for any:
(a) loss of profits
(b) loss of revenues
(c) loss of sales or business
(d) loss of agreements or contracts
(e) loss of anticipated savings
(f) loss of or damage to goodwill or damage to reputation
(g) damage to or loss of software, data or information (even if we have been advised of the possibility of such losses)
(h) any indirect or consequential loss
(2) If you are a subscriber, our total liability to you arising under or in connection with the provision of the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any one event or series of related events is limited to the total aggregate fees paid by you to us in connection with the Service.
(3) You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
(4) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
- Intellectual property rights
(1) All Content and software on or in connection with the Service are our intellectual property or that of other Users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise
use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
(2) You must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
(3) You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.
(4) If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty-free license to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own Service, on our other channels including mobile, email communications, social media, PR, and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service. You waive your moral rights in relation to such Content to the extent legally permitted. You also grant each User a limited, personal, non-exclusive, non-transferable license to use your Content in accordance with these terms and conditions.
- Privacy
We will use any personal information you provide to us to:
(a) provide the Service
(b) process your payment for the Service
(c) inform you about similar services that we provide
Further details of how we will process your personal data are set out in our privacy and cookies policy.
- Events outside our control
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including but not limited to third party web services provider or telecommunication failures.
- Assignment
We may assign or transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your
rights or duties under it without our prior written consent.
- Confidentiality
(1) We each undertake that we will not at any time during the term of the agreement and for a period of 5 years after termination of the agreement, disclose to any person any confidential information concerning one another’s business, affairs, customers,
clients or suppliers.
(2) We may each disclose the other’s confidential information under the following circumstances:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the agreement. We will each ensure that such employees, officers, representatives, subcontractors, or advisers comply with this clause 19.
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
20.Governing Law
These terms and conditions shall be governed by Taiwanese law and any disputes will be decided only by the Taiwan courts.
- Suggestions and Contact Information
If you have any suggestions, please contact us through our service email.
