1. Acknowledgment and Acceptance
(1) Beauty Keeper 股份有限公司 (hereinafter referred to as “Beauty Keeper”) will provide the service on the site of Beauty Keeper (beauty.keeper.com) (the “Site”) (hereinafter referred to as the “Service”). By completing the registration process of Beauty Keeper or starting using the Service, You signify that You have read, understood and agreed to accept all of the content of these Terms of Service, and will fully accept the Services' current and future derived services and content.Beauty Keeper reserves the right to amend or modify these Terms of Service at any time. The revised Terms of Service will be posted on the Site;Beauty Keeper will not notify You and recommends that Youshall checksuch amendment or modification from time to time.You will be deemed to have read, understood and agreed to accept such amendment or modification as they continue to use the Service after any amendment or modification. If you do not agree with the above terms of service amendment or update, or do not accept any provision of theseTerms of service, Youshould immediately stop using the Service.
(2) If Youare a minor under the age of twenty, Your parent (or guardian) shall read, understand and agree to all the contents of this Terms of Service and any subsequent amendments thereto, and then You may register as a Member, use or continue to use theService.When You use or continue to use Pok'elai, it will be deemed that Your parent (or guardian) has understood and agreed to accept all of the contents of this Terms of Service and any subsequent amendment thereto.
(3) You and Beauty Keeper agree that the use of all the Servicecontent, including expression of intent, may be made via e-mail.
(4) In order to ensure the protection of Your personal information, privacy and consumer rights, with respect to the personal informationwe use in the transaction process,we hereby notify you of the following matters according to Article 8 of the Personal InformationProtection Act:
• Purpose of Collection
The purpose of the personal information collection is to conduct marketing; consumer, customer management and services; online shopping and other e- commerce services as well as surveys, statistical and research analysis(Item Codes for the Specific Purpose and Classification of Personal Information are 040, 090, 148, 157 respectively).Beauty Keeperwill collect the personal information through the process of membership enrollment or transactionconducting.
• Classification of Personal Information Collected
The personal information collected by Beauty Keeper from the Site includes:
(1) C001 Type for Identifying Individual: such as the member's name, address, telephone, e-mail address and other information.
(2) C002 Type for Identifying Finance: such as credit card or financial institution account information.
(3) C011 Individual Description: such as gender, date of birth, and so on.
• Time Period, Area, Target and Way of Use
(1) Time Period:Until the day on which You request to discontinue use or Beauty Keeper discontinues the service provision.
(2) Area: Your personal information will be used in Taiwan.
(3) Target and Way of Use: In addition to Beauty Keeper’s use for membership management, customer management and other functions of retrievaland query,Yourpersonal information collected will also be used to identify the identity, financial services, logistics services, marketing, advertising, promotion and so on. For example:
(i) When You use the services provided by Beauty Keeper as a member, the webpage will automatically display Your membership information.
(ii) Activities for the Purpose of Transaction: Your booking, bid placement, purchase of goods or services, participating in the activities of the award or other transactions, or activities concerning distribution of goods, service provision, payment, reply to customers’ inquiries, reply to Yourinquiries by Beauty Keeper, the relevant after-sales services and other transactions necessary for the business.
(iii) Promotion, Advertisement or Marketing: provide You with various e-magazines and other service related information via e- mail, mail and telephone. Use the content or advertisements browsedby You to conduct the personalize process, analysis of member services, development of new services or improvement of existing services according to the customer's personal attribute or purchase history, and browsing history of the Beauty Keeper website.Contact with You for opinion polls, events, message boards, or other service related matters.
(iv) Responses to Customers’ Inquiries: responses to inquiries from You to Beauty Keeper via email, mail, fax, telephone or any other direct or indirect means of contact.
(v) Other Business Incidental Matters: The matters incidental to the purposes set out in the foresaid (i) to (iv) necessary for the service provision of Beauty Keeper.
(vi) Providing Information to the Individual Service Provider: when a You books, places a bid for, purchases the goods or services from a service provider, participates in the activities of the award or applies for other transactions, Beauty Keeper will provide his/her personal information filesto the service provider within the scope of suchtransaction, and the service provider shall be responsible for the management of the personal informationfiles. Beauty Keeper will impose on the service provider with the obligation to deal with personal information in accordance with the principle of protecting Your privacy, but there is no guarantee that the service provider will comply. Please contact your service provider for details.
(vii) Others: in the case of providing individual services, Your personal information may also be used for purposes other than those specified above. In such event, those purposes will be set out on the websites of such individual services.
• Your Right to Personal Information
The person whosepersonal information collected by Beauty Keeper may exercise the following rights against Pok'elai:
(1) any inquiry and request for a review of the personal information;
(2) any request to make duplications of the personal information;
(3) any request to supplement or correct the personal information;
(4) any request to discontinue collection, processing or use of personal information; and
(5) any request to delete the personal information. Please note that if You refuse to provide the information necessary to join the membership may result in failure to enjoy the full service or completely unable to use the service.
2. Members’ Registration Obligation
In order to use the Service, You agree to the following:
• Provide correct and up-to- date personal information according to this registration instruction of theService and do not register as a member in the name of a third party. Each member can only register an account, and shall not have an over-registration.
• In order to obtain the best service,please maintain and update Your personal information immediately and ensure its correctness.
• IfYou provide any false or inaccurate information or fail to give any information as required, or lacks the necessary information, or have a duplicate account number, Beauty Keeper shall be entitled to suspend or terminate Your account without prior notice and to refuse any or all of Your use of the service.
Member’s account, Password and Security
(1) Upon completion of the registration procedure for theService, You will obtain a specific password and membership account. It is Your responsibility tomaintainthe confidentiality of password and account number. If any input of the membership account number and password according tothe method provided by Beauty Keeper are the same as that of the login information, whether or not entered by You personally, will be deemed thatit is used by You, and You shall undertake the full responsibility.
(2) You agree the following:
• You will immediately notify Beauty Keeper if Your password or account has been compromised or any other security issue has occurred.
• Each time when the connection is completed, the use of the account number will beended.
• Your account number, password, and membership benefits are for personal use and enjoyment only and shall be lent, assigned, or shared with others or co-used with others.
• If the account number and password have been misappropriated, improperly used or other situation which Beauty Keeper cannot identify whether it is personally used, Beauty Keeper shall not be responsible for any damage arising from thereupon,except such damage is attributable to Beauty Keeper.
• Beauty Keeper will suspend the use of the account immediately if it becomes aware that Your account password is impersonated by others (including the processing of the transaction generated by the account).
• You shall be solely responsible for the conduct of a third party if Youdisclose your personal information, password, or payment informationand makes the third person have the opportunity to access the same.
Protection of Children and Adolescents
In order to ensure the safety of children and adolescents’ using the Internet and to avoid violation of their privacy, parents (or guardians) should perform the following obligations: when children under the age of 12 use the Service, they shall be accompanied by the parents (or guardians) from beginning to end; adolescents who are more than 12 years old and under the age of 18 should also be taken into consideration whether to use the Service before consent.
Legal ComplianceObligation and Warranty of User
Youwarrant that You will not use the Service for any illegal purpose or in any illegal way and commit to comply with the applicable laws and regulations of the Republic of China and all international practice governing the use of the Internet. You agree and warrant that You will not use the Service to infringe the rights or interests of others, including but not limited to:
• Post or transmit any defamatory, insulting, threatening, offensive, indecent, obscene, inaccurate, public policy or good moralsviolatingor other unlawful languages, pictures or files of any kind.
• Infringe or violatethe reputation, privacy, trade secret, trademark, copyright, patent, other intellectual property rights and other right of Beauty Keeper or others.
• Violate the confidentiality obligation under laws or any contract
• Use the Service in the name of another person
• Transmit or distribute computer viruses
• Engage in commercial activities without prior authorization from Beauty Keeper
• Publish, transmit, send spam, chain letters, multi-level marketing messages and advertisements that are unlawful or not authorized by Beauty Keeper, or store any material that infringes the intellectual propertyof others or violates laws and regulations.
• Have any activity that makes other users of the Service or third parties feel harassed, displeased or violatesthe general Internet etiquette.
• Other activitieswhich are not in compliance with the purpose of the Service or which are justified as inappropriate by Pok'elai.
Changeto Contents of the Service and Newsletters and EDM transmission
(1) You agree that the scope of this service provided by Pok'elai may be added, reducedchanged or terminated by Beauty Keeper according to business needs and the actual situationwithout notice.
(2) You agree that Beauty Keeper may, in its sole discretion, add, modify or discontinue the related activities and select the most suitable means to inform You.
(3) You agree that Beauty Keeper may from time to time send newsletters or merchandise messages (EDM) to the e-mail addressregistered by You.When Yourefuse to accept marketing after receiving a message, Beauty Keeper will discontinueto sendsuch marketing messages to You.
Suspension and Interruption of Service
Beauty Keeper will maintain the normal operation of the system and services according to generally reasonable techniques and methods. However, Beauty Keeper will suspend and break off the Service in the event of:
• When the electronic communication equipment of the Site needs to bemaintained and constructed.
• In case of a sudden failure of the electronic communication equipment.
• The electronic communication service provision of the Site is interruptedand the Service cannot be provided.
• In case that the Site is unable to provide services due to a force majeure event such as acts of God or other causes not attributable to Pok'elai.
(1) When You use the Service to conduct transactions, You shouldfollow the confirmationmechanism for quantity and price of goods provided by Pok'elai.
(2) You agree that when using the Service to order Products, Beauty Keeper still retains the right not to accept the order or cancel the shipment until the Pok'elai notify to confirm the transaction.You will be notified automatically by Beauty Keeper, after sending an order notice to Beauty Keeper, but this notice is not an order confirmation and Beauty Keeper will inform you if the transaction is established or not.Beauty Keeper may refuse to accept the order within two (2)working days after placing an order due to an error in the terms of trade (including, but not limited to specification, description and image) for the goods or services.
(3) If You make any return or replacement of goods, cancel the order arbitrarily, or any other action which is deemed inappropriate and results in operational problems or damage to Beauty Keeper, Beauty Keeper may, as appropriate, refusethe transaction, suspend, cancelthe international distribution, or permanently cancel Your qualification for such services. In case that the product ordered by You is any of the following: (i) Pre-Order Items; (ii) “Out of Stock” shown on the webpage (iii) needs to be transshipped fromthe supplier; or (iv) needs to be shipped by the supplier; Beauty Keeper will notify you in the most appropriate manner (by emailbasically and by telephone, mail or facsimile for supplement) if the goods ispermanentlyout of stock or the vendor is unable to supply the order due to the trading nature of the goods.
(4) When using the Service to conduct the transaction, You mayexercise the rights according to the Consumer Protection Act.If there is any concern about the Terms of Service arising out of Your transaction activity, interpretations shall be made in favor of consumer.
Limitation and Exclusion of Liability
(1) The functions of the service are provided as “AS IS”at that timewithout any express or implied warranty,and in no event that shall Beauty Keeper be liable for the performance, speed, integrity, reliability, security and correctness of the Service.
(2) Beauty Keeper does not warrant that any e-mail or the content transmitted through the web pages, servers or domains of the Service will not contain any computer viruses, nor does it warrant that the transmission and storage of e-mail, files or information are correct and free ofinterruptionor error. Beauty Keeper shall not be liable for damages resulting from failure, loss or error in the transmission, storage, or storage of such messages, files or materials.
Protection of Intellectual Property Rights
(1) The software or program and all of the content on the Site used by Beauty Keeper, including, but not limited to work, picture, file, information, data, site structure, website screen layout, web design, arethe intellectual property rightsowned by Beauty Keeper or the other right holders by law, including, but not limited to trademark, patent, copyright, trade secret and know-how. No one may use, modify, reproduce, publicly broadcast, alter, distribute, publish, publicrelease, reverse engineering, decompile or reverse compile.If You wish to refer or republish the foresaid software, program or website content, You must obtain prior written consent from Beauty Keeper or the other right holders by law. It is Yourobligation to respect the intellectual property rights of others, and You shall be liable for Beauty Keeper's damages (including, but not limited to the court’s cost and the attorney' fee) in the event of anyinfringement.
(2) Subject to respect of others’intellectual property rights, You agree that You will not infringe the intellectual property rights of others when using the Service of Beauty Keeper.
(3) If Youare involved in any infringement, Beauty Keeper may suspend the whole or a part of the Services or cancel Your account directly.
(4) If You become aware of any infringement concerningintellectual property rights, please contact the Beauty Keeper in the following manner, describe the infringementstatusand the contact details along with a true statement of owningthe lawful intellectual property right ,and contact with Beauty Keeper by e-mail to:
(Please note that it is a limited-use e-mail address and a letter of non- infringement notice will not be accepted.If you have any questions, please contact us at the Customer Service Center.)
Your Authorization to Beauty Keeper
You agree that the Site may collect, process, store, transmit and use such information which You upload, transmit to, enter into or provide to Beauty Keeperfor providingYou with additional information or services, ormaking Your statistic data, or conduct any investigation or research on the activitiesover the Internet, or for any lawful use.If You do not have the legal right to grand othersthe license for use, modification, reproduction, broadcasting, adaption, distribution, publishing, publicrelease, and the right to sublicenseto the third party, do not upload, transmit, enter into or provide that material to Beauty Keeper.Any material that uploaded, transmitted, entered into, or provided to Beauty Keeper by You will be deemed that You have granted Beauty Keeper the right to use, modify, reproduce, publicly broadcast, adapt, distribute, publish, public release such material without your prior written consent and the right torelicense to others, and You will not have any objection to the same. You shall also warrant that Pok'elai’s use, modification, reproduction, broadcasting, adaption, distribution, publishing, publicrelease or sublicense of such materialwill notinfringthe intellectual property rights of any third party, otherwise, Beauty Keeper shall be liable for damages(including, but not limited to the court’s cost and the attorney' fee).
The use of the services provided by the Internet transactions or activitiesmay have to be delivered or returned by the home-delivery orfreight transportservice provider; therefore, You agree and authorize that Beauty Keeper may, depending on the needs and objectives of that online transaction or activity,disclose any necessary of Your personal information (such as the recipient's name, delivery address, telephone number, etc.) provided by You for delivery to the home-delivery, freight transportor any other related service providers.
Refuse or Termination of Your Use
You agree that Beauty Keeper may terminate Your password, account number (or any part thereof) or use of the Service (or any part thereof) for any reason including, but not limited to, lack of use, or violation of these Terms of Service or remove and delete any "You Content" in the Service.In addition, You agree that Beauty Keeper shall not be liable to you or any third party if the use of the Service (or any part thereof) is terminated.
Governing Law and Jurisdiction
The interpretation and application of these Terms of Service and any dispute or controversyarising out of or in connection with these Terms of Service or between you and Beauty Keeper shall be governed in accordance with the laws of the Republic of China, and Taiwan Taipei District Court shall be the first instance court of jurisdiction except otherwise mandatory provided for the jurisdiction of the court in any application law.