Terms and Conditions
Effective December 23, 2021
This Website Terms and Conditions (“Website Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and OTTOBIKE CO., LTD. (“OTTOBIKE”, “we,” “us” or “our”), concerning your access to and use of our website [https://www.ottobike– group.com] as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Website Terms. If you do not agree with all of these Website Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Website Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Website Terms, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Website Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Website Terms by your continued use of the Site after the date such revised Website Terms are posted.
The Site is intended for users who are at least 18 years old. If you are under the age of 18, you can use Site after your parent (or guardian) shall read, understand, and agree to all the contents of those Website Terms and subsequent modifications and changes. If you use or continue to use Site, it means that your parent (or guardian) has read, understood, and agreed to accept all the contents of those Website Terms and subsequent modifications and changes.
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
User’s representation and obligation
By using the Site or our service, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Website Terms;
(4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
(5) you will not access the Site or our service through automated or non-human means, whether through a bot, script, or otherwise;
(6) you will not use the Site or our service for any illegal or unauthorized purpose;
(7) you will not use the Site or our service to engage in acts that infringe on the rights of others; and
(8) your use of the Site or our service will not violate any applicable law or regulation, including but not limited to:
- Publish or transmit any defamatory, insulting, threatening, offensive, indecent, obscene, false, contrary to public order or good customs or other illegal text, pictures, or any form of files;
- Infringe on the reputation, privacy, trade secrets, trademark rights, copyrights, patent rights, other intellectual property rights and other rights of others;
- Violation of confidentiality obligations under the law or contract;
- Transmit or spread computer viruses to spam advertising emails.
- For other actions that OTTOBIKE has legitimate reasons for deeming inappropriate.
If there is any of your activity/behavior not in compliance with the foregoing, OTTOBIKE has the right to take any appropriate disposal measures on its own, including but not limited to stop or suspend the provision of our services to you, and is not liable for any compensation to you.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
OTTOBIKE may terminate your password and account based on the consideration of maintaining transaction security for any reason, including but not limited to unused for a long time or low frequency of use, or violation of the express provisions and spirit of these Website Terms (Or any part of it). You can also terminate this service or any part at any time when notified by phone or email.
OTTOBIKE has the right to stop or suspend the provision of services, and is not liable for compensation to you:
- When necessary maintenance and construction of electronic communication equipment on the Site.
- When a sudden electronic communication equipment failure occurs.
- When the electronic communication service applied for on the Site is suspended, and the service cannot be provided.
- When the Site cannot provide services due to natural disasters and other force majeure factors.
Moreover, we reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Website Terms;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Website Terms, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions to the Site or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Protection of intellectual property rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Website Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Respect for intellectual property rights is your obligation. In case of your violating any OTTOBIKE’s intellectual property rights, you shall be liable for OTTOBIKE’s damages incurred from or related to your violation (including but not limited to litigation costs and attorney fees, etc.) .
Third-party websites and content
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Website Terms no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
Your authorization to OTTOBIKE
Regarding the personal data registered or provided by you, you agree that OTTOBIKE may collect, process, store, transmit and use such data within a reasonable range to provide users with other information or services, or to become a statistical data, or conducting surveys or research on Internet behavior, or for any legal use.
If you do not have the legal rights to authorize others to use, modify, reproduce, publicly broadcast, modify, distribute, distribute, publicly publish certain information, and transfer the foregoing rights to a third party, please do not upload, transmit, or enter the information without authorization or provide to OTTOBIKE.
Once you upload, transmit, input, or provide any information to OTTOBIKE, you shall be deemed to have allowed OTTOBIKE to unconditionally use, modify, reproduce, broadcast, modify, distribute, publish, and publish. You should also ensure that OTTOBIKE uses, modifies, reproduces, publicly broadcasts, alters, distributes, distributes, publicly publishes, and sub-licenses such materials and does not infringe the intellectual property rights of any third party.
Term and termination
These Website Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE WEBSITE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE WEBSITE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Website Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Website Terms; (3) any breach of your representations and warranties set forth in these Website Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Governing law and jurisdiction
These Website Terms and your use of the Site are governed by and construed in accordance with the laws of the Republic of China applicable to agreements made and to be performed within the Republic of China, without regard to its conflict of law principles.
Any disputes, if not resolved by both Parties amicably, related those Website Terms and/or your use of the Site shall be submitted to Taiwan Shilin District Court as the first instance jurisdiction. The Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to jurisdiction in such courts.
These Website Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Website Terms shall not operate as a waiver of such right or provision.
These Website Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Website Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Website Terms and does not affect the validity and enforceability of any remaining provisions.