ACCEPTANCE OF TERMS OF SERVICE
By using the proprietary NUEIP Technology Co., Ltd. offered at www.nueip.com or cloud.nueip.com (“NUEIP” ,“Service”, “Website”), you, either as an individual or an entity (“you” or “user”) agreed to be bound by the following terms and conditions (“Agreement” or “Terms of Service” with NUEIP Technology Co., Ltd (“NUEIP”, “we”, “us”). If you do not agree to this agreement, you should NOT use the Service.
OBLIGATIONS AS A USER
To use NUEIP, the user agrees to:
- 1. Give personal information that is accurate, the latest and complete under the hints of the NuEIP sign-up table; and
- 2. Maintain and update personal information to ensure that it is accurate, the latest and complete. If any wrong or false information in whole or in part has been given, the Company in the discretion is entitled to disabling that account temporarily or terminating it and even rejects use of NuEIP in whole or in part.
MEMBERSHIP ACCOUNT, PASSWORD AND SECURITY
Upon completion of the signup procedure, NUEIP will give the specific password and account to the user and such user is obliged for confidentiality of the both. Owing to the internet transmission quality, the Company will question no users about their password by phone or by email without a prior consent given. The user also agrees to the matters below as well:
- If the account or password has been illegally used or any issues on security occur, the user will give the Company a timely notice and log out the account soon after the login procedure ends; and
- Only the user can access the account, input the password and enjoy the rights, titles and interests of memberships granted by the Company, so they shall neither be on loan or assigned to a third party in whole or in part in any form nor be shared with a third party in any form by any means. If the account has been logged in successfully and the password has been input correctly in accordance with the method provided by the Company that is consistent with the login data, no matter the user inputs them in person or not, it is presumed that the account is used by that user in person. As it comes to any consequences of using the account and password, the user shall be fully accountable.
COMPLIANCE AND COMMITMENT BY USERS
It is committed that NUEIP shall neither be used for any illegal purpose nor be used in any illegal manner. It is committed that compliance with the governing and applicable rules in Taiwan and the global internet protocols in whole shall be fulfilled. As it comes to overseas use of NUEIP, it is agreed that compliance with the local orders in the country or region where the user is shall be performed as well. It is agreed and assured that NUEIP shall neither be used to breach any of the rights, titles and interests of a third party nor be used to conduct any of illegalities including but not limited to:
- Uploading, posting, publicizing or sending any text, graphic or file of any form that constitutes defamation, humiliation, threats, attacks, disgrace, indecency, fake, a breach of public order or good customs or other illegalities on NUEIP in any form by any means;
- Infringing or damaging the fame, privacy, business secrets, trademark, copyright, patent, intellectual property rights and other titles owned by NUEIP or by a third party;
- Breaching the confidentiality obligation provided by law or by a contract;
- Using NUEIP by faking a third party;
- Uploading, posting, sending or spreading computer virus;
- Conducting any business conduct without a prior license issued by NUEIP and/or posting false information;
- Spamming junk mails, spam mails, chain letters, illegal multi-layer marketing texts and ads; and
- Any other misconduct identified by NUEIP for a just cause.
The Company is entitled to disabling NUEIP in the discretion if any of the circumstances below occurs:
- When the electronic communication equipment of the NUEIP website requires necessary maintenance and construction;
- When sudden troubles occur to the electronic communication equipment unexpectedly;
- When the electronic communication equipment applied by the NUEIP website is halted and this results in failed provision of the services; and
- When any factors subject to force majeure e.g. natural disasters or any causes not attributable to NUEIP that disabe NUEIP occur.
It is strongly advisable that any user adopts precautions against risks and/or damages caused by use of NUEIP since the Company bears no legal liability for indemnification of any damage caused by using (or failing to use) NUEIP in any case.
UPDATES / CHANGES
It is agreed that the Company reserves the right to amend or disable NUEIP at any point or to terminate NUEIP (in whole or in part) temporarily or permanently as necessary. If any law or rule requires a necessary notice given mandatorily, it is agreed that the Company may adopt the most suitable way to give such notice.
A new user enjoys a free trials period. Such period starts from the date when the account is successfully activated. Within such period, NUEIP in whole or in part can be accessed freely with no charges accrued. After such period, if the user agrees to use NUEIP, the annual membership bill will be sent to the user after the contact is signed with the Company. If the user fails to sign the contract with the Company and fails to clear the bill, the Company will disable the account spontaneously in the discretion. This free-trial clause can only apply to new accounts without previous signups where the users that have signed up and therefore enjoyed the free trial cannot enjoy the title provided thereby.
CHARGES / BILLS
- The standard charges table is posted on the homepage and the Company will charge the user by the current charge posted on the webpage when the NUEIP application is received, but the Company reserves the right to adjust the charges as necessary, so the user will receive the new bill calculated by the adjusted charge if any adjustment occurs.
- Prior to the contract expiration, users can, in the discretion, disuse NUEIP without a just cause at any point. As it comes to NUEIP subject to cloud services, no payment in whole or in part can be returned to users pro rata. NUEIP can be disused by giving a cancellation notice to the Company at any point, but the Company will return no payment in any case. Please be informed.
- When the NUEIP application is filed by the user, the Company will issue the bill to the user in order to collect the expense under the agreed payment method. If the bill fails to be cleared within a time limit given by the Company, a notice to clear the bill by the due date given by the Company by phone, email or letter will be sent to the user. If the bill still fails to be cleared by the due date, the Company may, in the discretion, disable NUEIP temporarily. During NUEIP disabled temporarily, the expense shall still accrue to the bill. If the bill fails to be cleared by the due date even when the Company gives the user a second notice, the Company may, in the discretion, terminate NUEIP. The expense accrued from the date when the NUEIP application is filed to the date when NUEIP is terminated shall be cleared. If the bill has been cleared by the due date, the user shall give a notice and submit the receipt to the Company. NUEIP will be resumed within 2 days from the date when such notice is received.
FEES / DISCOUNTS
This service discount standard is announced on NUEIP company's official website. NUEIP has the right to adjust the rate. If the rate is adjusted, it shall be charged at the new rate from the date of adjustment.
ADVERTISEMENTS / ADS
Each and every part in the advertising contents, texts and graphics and their illustrations, testers and/or samples or other merchandising information in whole or in part in any form is designed and proposed by the business partners, so viewer discretion is strongly advised as it comes to their accuracy and creditability since the Company is trusted to post ads and therefore bears no legal liabilities for them in whole or in part in any case. Each and every of the third parties is likely to offer some hyperlinks of other websites or internet resources, so you may access the websites operated thereby. The preceding websites are subject to their administrators and operators and therefore are never subject to control and responsibility of the Company, so you agree to that the Company bears no damages in whole or in part in any form arising from your linking to any of the websites not affiliated to the Company in the discretion and therefore is exempted from indemnification in any case.
LICENSE FROM USERS
As it comes to the information uploaded, sent, input or given by any of the members, it is agreed that NUEIP may collect, process, retain, convey and use such information in whole or in part in any form for the purposes including but not limited to: the basis of other information or services offered to the users, statistics compiled by the Company, engagement in surveys of or studies on the internet behaviors or any other legal purposes. Only when the user is the lawful proprietor adequate to license a third party to use, amend, remake, broadcast publicly, derive, spread, issue and/or present publicly the information and able to sublicense the foregoing titles to a third party without any illegally can such user upload, send, input or give such information to NUEIP in the discretion. Once any member has uploaded, sent, input or given any information to NUEIP in the discretion, this signifies that such member has agreed to that NUEIP is licensed to use, amend, remake, broadcast publicly, derive, spread, issue and/or present publicly that information in whole or in part in any form in the discretion and thus may sublicense the foregoing titles to a third party when necessary; moreover, the user shall also ensure that no infringement intended to the intellectual property rights owned by a third party will arise from that information used, amended, remade, broadcasted publicly, derived, spread, issued and/or presented publicly by NUEIP in whole or in part in any form in the discretion; otherwise, such user shall bear damages and indemnities for NUEIP and its affiliates (including but not limited to litigation expenses and attorney charges).
INTELLECTUAL PROPERTY RIGHTS
As it comes to software and programs used by NUEIP and all the contents on the website including but not limited to information consisting of works, graphics, files, texts, data, website architecture, screen layout, webpage design and memberships contents, their intellectual property rights are owned by NUEIP and other lawful proprietors by law including but not limited to trademark, patent, copyright, business secrets and proprietary technology. Without acquiring a prior consent, a third party shall never use, amend, remake, broadcast publicly, derive, spread, issue, present publicly and/or conduct reverse engineering, decompilation or disassembly in the discretion. If any third party is desirous of citing or reposting the foregoing, except those otherwise provided by law expressly, it is mandatory to acquire a prior written consent issued by the Company or by other lawful proprietors first. Each and every user shall fulfill the obligation to respect the intellectual property rights. Any breach of the intellectual property rights signifies that such user shall indemnify the Company (including but not limited to litigation expenses and attorney charges).
INDEMNIFICATION / DAMAGES
If any claim, damage, obligation, loss, duty, cost or debt and expense filed by a third party is the derivative or consequence arising from any improper use of NUEIP, breach of the Terms or infringement intended to a third party’s rights, titles and interests, the user agrees to that, within the maximal scope granted by law, the user will indemnify the Company and its affiliates, their administrators, director, employees, partners, principals and agents against damages. This defense and indemnity obligation clause remains effective prior to the Terms expiration and during and after use of NUEIP.
TERMINATION OF SERVICES
It is agreed that the Company may, taking into consideration security concerns based on its own judgment including but not limited to the account inactivity within a certain time, unexpected technical or security factors or issues, any fraud or illegality by the user, failed payment according to the contract or any breach of the provisions prescribed in the Terms and their initiatives identified by the Company, terminate or limit use of NUEIP in whole or in part and other services with or without a notice given at any point and will remove and delete the Company and member account in the discretion. In addition, it is agreed that the Company bears no legal liabilities for the user and for any third party if use of NUEIP is terminated or limited in any form in any case.
GOVERNING LAW AND JURISDICTION
As it comes to any explanation and applicability of the Terms and any dispute or argument arising from the Terms, the governing and applicable laws in Taiwan shall apply where the Taiwan Shihlin District Court as the court with the original jurisdiction is the court of the first instance, but this shall not apply to those provided otherwise by law.