Terms and Conditions of USE
Online Purchase (Subscription) Fixed Term Authorize Agreement
This Online Purchase (Subscription) Fixed Term Authorize Agreement (hereinafter referred to as this “Agreement”) is entered into between PenPower Technology Co., Ltd. (hereinafter referred to as “PenPower” or “Our Company”) and You, the User (including individual or legal entity)
This Agreement will grant the User a license to use __WorldCard for Office 365 __ platform (hereinafter referred to as “the Platform”) and its software subject to the terms and conditions specified in this Agreement.
The effective date of this Agreement shall be the date of the confirmation of subscription agreement which provided by PenPower or the date of renewal of such subscription agreement.
Article 1: Purchase (Subscription)
- The portal site of the Platform will provide the detailed information for the plans of subscription. Once the User completes the subscription or renews subscription, it means the User agrees the terms and conditions for the plans of subscription. The plans of subscription including:
- Trail: The User can use, with limitation, the Platform free of charge for a limited numbers of card scanning. Under this plan, the related article of warranties or liabilities shall not apply to PenPower.
- Prepaid: The User undertakes to order a certain amount of authorization in advance and to use it for a limited period of time. In addition, the User agrees to prepay or pay on a regular basis before use.
- The User shall pay in accordance with the plan of subscription:
- The price for prepay plan won’t be raised within the subscription period. The subscription price will subject to the price published on the portal site of the effective date of subscription or the date of renewing subscription. All price may be vary while renew subscription. The Platform reserves the right to change the price.
- The User may choose auto renewal subscription or termination when expiration. Auto renewal subscription will be default option and the User may change at any time within the subscription period.
- Price is exclusive of taxes; The User should pay for business tax in accordance with this Agreement and the related tax laws and regulations that PenPower is entitled to collect the payable tax from the User. The User shall be liable to pay any other payable tax. If any payment made by the User to PenPower is required to be withheld in accordance with tax laws and regulations, the User may deduct the withholding tax from the amount payable to PenPower and pay the tax withholding to the appropriate tax authority, provided that, the User must immediately obtain the official receipt of such tax withheld and such other documents as may reasonably be required by PenPower and provide them to PenPower for the purpose of applying for a deduction or refund of overseas tax.
Article 2: Use of Platform service
- Authorized use: PenPower authorize the User the right to use the Platform and the software online. The User may only use the Platform in accordance with the terms and conditions of this Agreement. User shall not reverse engineering, disassemble, decompile the software of the Platform or violation the restrictions of regulation of circumvention technology. User shall further not stop, modify or otherwise attempt to circumvent any mechanism established for the use of online services by the User.
- The User shall not license, rent, lend, resell, transfer, share, or in the form of server services, the whole or part of right to use the Platform to third parties with a paid or gratuitous basis.
- The User agrees and guarantees it may not use the Platform and its software to perform acts that may infringe upon the rights and interests of others or violate the law, including but not limited to:
- To post, upload, publish, and transmit any defamatory, abusive, threatening, offensive, indecent, obscene, false, contrary to public order or good moral, or otherwise illegal words, pictures or any form of file in this service,
- To infringe other’s reputation, privacy rights, trade secrets, trademark rights, copyrights, patent rights, other intellectual property rights and any other rights.
- To breach the duty of confidentiality under the law and / or the agreement.
- To use the services in another person’s name fraudulently
- To upload, post, transmit or spread any information containing computer viruses or any code which may interrupt, destroy or restrict the function of a computer's software and / or hardware.;
- To engage in illegal transactions or post false, inducing or abetting messages of crime;
- To sell weapons, narcotic drugs, Banned drugs, pirated software, and / or any other contraband.
- To provide gambling information or in any way inducing or abetting others to participate in gambling.
- To spam advertising message, spam message, chain letters, illegal multi-level marketing messages and so on.
- To harm a minor in any way.
- To identify false source of information or interference in any way with source of transmission
- To interfere or interrupt the service, sever, or the network connected to the service, or violate related requirements, procedures, policies and rules connected to the service including but not limited to the use of any device, software and/or deliberately circumvent the restrictions in any robot exclusion headers on the Platform.
- To provide any material or direct and/or indirect support or resources for terrorist acts
- To track and/or otherwise disturb others and/or collect or store others personal information for foregoing purpose.
- Other misconduct as determined by PenPower with reasonable cause.
If the User violates the obligations and undertakings of this article, PenPower has the rights to suspend or terminate the User’s account and refuse the User to use all or part of the services.
- The User agrees and guarantees it may not use the Platform and its software to perform acts that may infringe upon the rights and interests of PenPower or others or violate the law.
- For any contents uploaded, transmitted, input or made available to the Platform by the User means the User agrees that:
- The data and information is stored or managed by PenPower and its affiliates, indexed and captured by search engines of PenPower and its affiliates, and published in the public domain for use on the relevant system websites of PenPower and its affiliates, including but not limited to the third party’s website that cooperation with PenPower.
- To authorize PenPower and its affiliates to use, modify, reproduce, publicly broadcast, adaptation, distribute, publication, public release, publicly transmit, public presentation, and translate such information for the benefit of the public good or for the purpose of publicizing, promoting or operating the Platform and the service, and may, to this extent, sublicense the said rights to others.
- To guarantee that the use, modifying, reproduce, public broadcast, adaptation, distribution, publication, public release, public transmission, public presentation, translation and sublicense of such materials by PenPower and its affiliates shall not infringe any third party’s intellectual property rights or any other rights.
Article 3: Period, Terminate and Postponed
- This Agreement shall become ineffective due to expiration, termination or failure of renewal subscription, subject to the earlier date of occurrence.
- The User may terminate subscription at any time during the period, however, no refund for the prepaid fees for the use of the Platform will be made to the User, whether the termination made by the User or by PenPower under this Agreement
- In the event of any following circumstances, PenPower shall have the right to terminate the User’s right to use the Platform: (1) the User materially breaches the obligations of the Article 2; (2) the User fails to pay the payable amount under this Agreement. PenPower will give a reasonable period notice to the User prior to terminate. If the user fails to adequately explain and resolve the cause of termination within the aforementioned period of time, PenPower shall immediately terminate the User’s account and delete user’s data without any retention period.
Article 4: Intellectual Property Rights and Warranty against Defects
- All contents of the Platform and its software, including but not limited to words, software, sound, pictures, video, diagram, structure of the website, layout of website images and design of the website shall belong to PenPower or other right holder who owned the intellectual property rights including but not limited to copyrights, trademark rights, and patent rights. Without the written consent of PenPower or other right holder, the User shall not use, modify, copy, transmit, amend, distribute, publish or reveal related content. In case of violation, the User shall be liable for any damage and loss caused to PenPower or other right holder.
- The Platform and its software are developed and designed by PenPower without plagiarism, counterfeiting, excerpts or adapting from the same or similar functional software of others or otherwise infringement of the copyright of others. If a third party claims the rights and such claim is affirmed by a court judgment, PenPower agrees to compensate the User the actual loss within limit of the amount actually paid by the User.
- The Platform and its software conform to the published specifications of PenPower and can be used normally. But any problem arising from accident, misuse or use of the product in a manner inconsistent with the provisions of this Agreement or PenPower's guidelines, or caused by events beyond PenPower’s reasonable control shall not be covered under the warranty against defect. The warranty against defect shall not apply to the problem caused by failure to meet the minimum requirements of the system.
- Except as expressly provided in this Agreement, PenPower disclaims all other expressed, implied or statutory or otherwise warranties, including warranties of merchantability or fitness for a particular purpose.
- If a third party accuses the Platform and its software infringing upon the third party’s patent rights, copyrights or trademark rights or illegally using of its trade secrets and any action or proceeding is brought against the User, PenPower will assist the User to raise a defense or explanation. However if any action or proceeding is brought against PenPower by reason of the User’s infringement upon patent rights, copy rights or trademark rights of a third party, or intentionally illegal use of its trade secrets when using the Platform and its software, the User is obligated to assist PenPower to raise a defense or explanation.
Article 5: Limitation of Liability
- All claims against the User arising out of this Agreement shall be limited to direct loss, and the maximum amount claimed shall not exceed the amount paid by the User under this Agreement during the 12 month period preceding the date on which the claim arose.
- Neither party shall be liable to the other party for any loss of income or indirect, special, incidental, consequential, punitive or exemplary damage, or for any damage arising from loss of profit, revenue, business interruption or business information lost, even if the party had been advised the possibility of such damages or if such damages are reasonably foreseeable.
Article 6: Miscellaneous
- PenPower reserves the right to change the related terms and conditions at any time. The User must visit the Platform on regular basis to ensure you understand the latest related terms and conditions of use of the platform.
- PenPower reserves the right to update and adjust the specifications of the Platform and its software at any time.
- In order to use the service, the User should agree to the following:
(1) According to the instruction of the Platform, the User shall provide the correct, latest and complete personal information.
(2) Maintain and update the User’s information to ensure such information is correct, latest and complete.
If the User provides any incorrect, false or incomplete information, PenPower has rights to suspend or terminate the user account and decline the User to use whole or part of services.
- The User shall not assign the whole or part of right under this Agreement or transfer the right of use.
- If any portion of this Agreement is held by a court to be unenforceable, the remainder of articles set forth herein shall remain in full force and effect.
- PenPower’s failure to execute any article of this Agreement shall not be deemed to be a waiver of PenPower’s right under this Agreement.
- Nothing contained in this Agreement shall be construed to be or create an agency, partnership or joint venture between PenPower and the User.
- This Agreement shall be governed by the law of Taiwan (R.O.C.). Both parties agree that any legal action arising out of this Agreement shall be brought to Taiwan HsinChu District Court. The consent of this jurisdiction shall not prohibit either party from seeking a remedy of security proceedings or temporary injunction in the appropriate jurisdiction in respect of an infringement of intellectual property rights
- Neither party shall be liable for the non-performance caused by events beyond the control of the party, for example fire, explosion, power outage, earthquake, flood, storm, strike, embargo, labor dispute, civil or military institution action, war, terrorist attacks (including internet terrorist attacks), natural disasters, acts or omissions of ISP, any acts or omissions of management or government institute (including the passage of laws, regulations or other government acts that affect the provision of online services).
- This Agreement is the entire agreement between the parties in relation to the subject matter of this Agreement and supersedes any prior or concurrent communication.
- If the User accepts the terms and conditions of this Agreement on behalf of a legal subject, it means that the User has the authority to sign this Agreement on behalf of such legal subject.
- Any notification to the User under this Agreement should be given in written and the date of receipt at that address, the date of indicated by the courier, the date of e-mail transmission, or the date of shown on the courier slip or fax confirmation letter shall be deemed to be the date of delivery.
Any notification by the User to PenPower shall be sent to address as below:
7F., No.47, Ln. 2, Sec. 2, Guangfu Rd., East Dist., Hsinchu City 300, Taiwan (R.O.C.)
Any notification to the User shall be sent to the contact address disclosed in the user account. PenPower is able to send notifications and other information to the User by e-mail or other electronic means.
About the contract, the subscription and its explanation.
Subscription Period (one month/one year) ：
Subscription Period is count by calendar days, which means from the effective date till the day before. For example, subscript on the 5th of Jan for one month, the period will count from 5th of Jan till 4th of Feb.
If subscription by auto banking and to cancel subscription, the cancellation date will effect from ordered date till next month. For example, order one month subscription from 5th of Jan and cancelled on the 19th of Jan, the cancel date will effect on the 5th of Feb.
PenPower Technology Ltd.
Software User License Agreement
You are licensed to legally use this software program (“the Software”) by PenPower Technology Ltd (“PenPower”) under this license agreement (“The Agreement”). If you do not agree with any of the provisions in this Agreement, please do not install, copy or use the Software. By using the Software, you are deemed to fully understand and accept the provisions of this Agreement.
All intellectual property rights in the Software, together with all information and documents included in the packaging for the Software (including but not limited to copyrights), are property of PenPower or have been licensed to PenPower, and are protected by relevant laws and regulations.
License to Use
You are authorized to use the Software on one (1) single device only. You may not use the Software on any other machines other than the said single computer.
Authority to Copy
The Software and all documents included with the Software, and copyright thereof, are property of PenPower. You are licensed to make one (1) copy of the Software for your personal backup purposes. All other acts of copying are strictly prohibited. The backup copy shall not be installed nor used while the Software is being used.
You may not sell, lease, dissemble, reverse engineer, copy, translate, adapt or derive the Software, or obtain the source code of the Software by any other means. You may not use the Software for any purposes other than those permitted under this Agreement.
If you need to install or use the Software on more than one (1) computer, please contact PenPower or our local distributor to purchase a license for the additional use.
Information PenPower collect
a. Information collected automatically: When you visit our sites and use our apps, PenPower automatically collect and store information about your computer or mobile device and your activities. This information may include:
Your computer's or mobile device’s IP address
Technical information about your computer or mobile device (such as type of device, web browser or operating system)
Your preferences and settings (time zone, language, etc.)
Your computer's or mobile device's unique ID number
Your mobile device's geographic location (specific geographic location if you've enabled collection of that information, or general geographic location automatically)
How long you visited our sites or used our apps and which services and features you used
b. Information you choose to provide: You may choose to open an account and provide us with information in order to use certain services or to take advantage of special offers. This information may include your name, serial number and related information of the services, email address, phone number. You may choose not to provide us with any personally identifiable information. But if you don't provide certain information, you won't be able to use some of the services PenPower offer.
How PenPower use your information
We use your information to provide and improve our services, customize services for you, make special offers, better understand our users, diagnose and fix problems, and sell and display ads that may be relevant to you.
Email Address: PenPower use your email address only to allow you to log in to your account, send you confirmations (of your registration, purchase, etc.), and to send you messages as part of our services. PenPower will also use your email address to respond to your customer service inquiries.
Phone Number: PenPower use your mobile phone number only to send you SMS messages that you've requested.
Advertisers : Advertisers and advertising networks use tracking technologies to collect information about users' computers or mobile devices and their online activities (for example, web pages visited and searches made) as well as general geographic location and use that information to display targeted ads to users. PenPower sometimes allow these ad companies to collect such information when you use our sites and apps to enable them to display targeted ads to you.
Legal Matters: PenPower may use or disclose user information: in response to a legal request, such as a subpoena, court order, or government demand; to comply with the law; in connection with a threat of litigation; to investigate or report illegal activity; to protect the legal rights of PENPOWER, our customers, our sites and apps or users of our sites and apps; or to enforce our rights or defend claims. PenPower may also transfer your information to another company in connection with a corporate restructuring, such as a sale or merger.
Mobile Device IDs: If you're using an app, PenPower use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you.
If you install one of our apps on your mobile device, your use of the app is subject to our app license agreement.
You agree to indemnify PenPower against all losses, costs, debts, settlement payments or other expenses (including but not limited to attorneys fees) arising from your breach of this Agreement, and you agree to compensate PenPower for all of the abovementioned damages.
Third Party Offerings
The Software may allow you to access the contents, software applications and data services of a third party, including but not limited to a variety of Internet applications ("Third Party Offerings") and interoperate with them. Your access to and use of any Third Party Offering is governed by the agreed terms and conditions in connection with the offering and the copyright laws of the country the third party belongs to.
Third Party Offerings are not owned or provided by the PenPower. Third Party Offerings may at any time for any reason be modified or discontinued. PenPower does not control, endorse, or accept any responsibility associated with Third Party Offerings. Any agreement between you and any third party in connection with a Third Party Offering, including privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations of the third party associated with such agreement is solely a dealing between you and the third party. You should take into consideration and shall assume all risks or responsibilities in connection with the use of "Third Party Offerings."
Effectiveness of a packaged software in handling information is closely related to its software and hardware environment. The Software is published following careful development and product testing by PenPower, but PenPower is not able to conduct tests based on all possible combinations of software and hardware environment. Therefore, PenPower is unable to promise nor warrant that there will be absolutely no risk of loss or damage of information, or any other kind of loss, during installation and/or execution of the Software. You must be fully aware of your risks in using the Software.
PenPower will provide you with the Software and support services in respect of the Software to the maximum extent permitted by law. However, PenPower does not warrant that the Software and information included in the package of the Software contain no defects or errors. PenPower is not liable for any indirect, special or incidental loss arising from the Software, including but not limited to loss of profits, damage to business reputation, cessation of work, hardware malfunction or damage, or any other commercial damage or loss arising from commercial use of the Software.
Limitation of Liability and Damages
Except as expressly specified and expressly agreed to in writing by PenPower, PenPower shall not be responsible for any damage incurred by you for any reason under this Agreement, The maximum amount of compensation payable by PenPower, in respect of any damage incurred by you for any reason under this Agreement, is limited to the amount you have already paid to PenPower in respect of the Software.
Under no circumstances will PenPower be held liable for the possibility of loss, notwithstanding PenPower may be aware of the possibility of such loss.
Prohibition Against Sublicense
You are prohibited to assign the license in respect of the Software granted to you under this Agreement, or to grant a sublicense to another person.
With regards to any disputes arising from this Agreement, PenPower and you agree that the court having jurisdiction over the business location of PenPower will be the court in the first instance.
In the event that any provision of this Agreement is found to be invalid at law, such invalidity will not affect the validity of any other provisions, or the legal enforceability of such other provisions.