The following Terms and Conditions of Use (hereinafter referred to as the “Terms and Conditions”) set forth the terms agreed by both Microprogram Information Co., Ltd. (hereinafter referred to as the “Company”) and user (hereinafter referred to as the “Users”) regarding any Service or features of https://www.bikonnect.com/ (hereinafter referred as “WEB”) and BICONNECT app (hereinafter referred as the ”App”), which is provided by the Company. Web and App are individually or collectively referred as Service.
Service was developed by Microprogram Information Co., Ltd. Users may neither copy, or modify the App and transmit, distribute, display, perform, publish, reproduce, license, create any derivative works, transfer nor sell for any commercial purposes any portion of the BICONNECT App, use the App or access to the App without prior writing permission of the Company. The App itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it are properties of Microprogram Information Co., Ltd.
1.Agreement to Terms and Conditions
Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such an agreement is valid and irrevocable.
Minors may use the Service only with consent from their parents or legal guardians. Furthermore, if Users use the Service on behalf of, or for the purpose of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms and Conditions. Such an agreement is valid and irrevocable.
There are separate terms and conditions for the Service; Users shall also comply with such separate terms and conditions as well as the Terms and Conditions.
2.Modification of the Terms and Conditions
The Company may at any time modify the Terms and Conditions or separate terms and conditions when the Company deems necessary, without providing prior notice to the Users. The modification will become effective once the modified Terms and Conditions or separate terms and conditions are posted on an appropriate location within the website operated by the Company. If Users do not submit writing objection to the Company within ten (10) days after aforementioned posting, Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions or separate terms and conditions by continuing to use the Service. Users shall refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.
3.Account
Users, when providing information about him/herself to the Company, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
If Users register passwords while using the Service, they shall exercise due care and responsibility to prevent illegal or wrong use of their passwords. The Company may treat all activities conducted with the password as activities that have been conducted by the holders of the password themselves.
Any registered User of the Service may delete their accounts and withdraw from using it at any time. Users’ rights to use the Service shall expire when their accounts has been deleted for any reason. All information cannot be retrieved even if Users deleted their accounts accidentally. Users must be aware of this.
4.Privacy Terms
The Company places its highest priority on the privacy of its Users. The Company promises to protect the privacy and personal information of its users in accordance with its Privacy Policy . The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.
5.Provision of the Service
Service operated by the Company and personal data that Users have provided to the Company for using Service . ‘Users shall keep their phone and access to the Service secure. Users shall not jailbreak or root their phone to remove software restrictions and limitations imposed by the official operating system of their devices. Jailbreak or root probably will make Users’ phones vulnerable to malware or viruses and malicious programs, compromise Users’ phones’ security features and the Service maybe won’t work properly or at all due to such situations.
Some functions of the Service will require an active internet connection. The connection can be WI-FI or provided by Users’ mobile network providers. The Company does not undertake any responsibility for incomplete performance of Service due to lack of access to WI-FI or insufficient storage memory.
If Users utilize the Service in an area without WI-FI connection, Users may be charged by their mobile provider or other third party for the cost of data for the time in accessing the Service depending on terms or agreements between Users and mobile provider or aforementioned third party . In using the Service, Users shall bear any such charges, including roaming data charges if Users use the Service outside of home territory (region or country) without turning off data roaming.
The Company does not undertake any liability for any loss, direct or indirect arising from the utilization of the Service.
The Company disclaim any implied warranty, and undertake no liability unless clearly prescribted in the Terms and Conditions.
The Company reserves the right to modify or terminate, at the Company's own discretion, the whole or part of the Service and the Terms and Conditions at any time without any prior notice to the Users.
6.Apple and Google Play Specific Terms
The following Apple-specific terms will only apply if Users download the BICONNECT App from the Apple App Store, and in addition to the other provisions of these Terms of Use (and if there is any conflict or inconsistency between the other terms of these Terms of Use and these Apple-specific terms, these Apple-specific terms will apply).
These Terms of Use are agreed between Users and the Company only, not with Apple. The Company is responsible only for the App and its contents. The license the Company grants Users is limited to Apple-branded products only and is non-transferable (provided, however, that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing).
The Company will address any claims by Users or any third party relating to the App or Users’ use of the App.
In the event of any third-party claim that the App or Users’ downloading and using of the App infringes that third party's intellectual property rights, the Company will investigate and help Users to respond .
Users shall comply with applicable third-party terms of agreement when using the App.
The following Google Play-specific terms will apply only if Users have downloaded the BICONNECT app from the Google Play Store, and are in addition to the other provisions of these Terms of Use (and if there is any conflict or inconsistency between the other terms of these Terms of Use and these Google Play-specific terms, these Google Play-specific terms will apply).
The license the Company grants Users may, if applicable, include users in a family group, with a family manager and family members whose accounts are joined together for the purpose of creating a family group.
7.Content
The Company grants Users a non-transferable, non-re-licensable, and non-exclusive license to use the contents provided by the Company, only for the purpose of using the Service.
8.Business Partners' Service
Contents or other Service offered by other business partners cooperating with the Company may be included within the Service. The business partners bear all responsibility regarding such contents and/or Service offered. Furthermore, such contents and Service may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.
9.Restrictions
Users shall not engage in the following when using the Service:
9.1. Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
9.2. Activities that may hinder public order or customs.
9.3. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.
9.4. Activities that aid or encourage any activity stated in 9.1 to 9.3 above.
9.5. Other activities that are generally recognized as inappropriate.
10.User Responsibility
10.1. Users shall use Service at his/her own risk, and shall bear all responsibility for actions carried out by utilizing Service and their results.
10.2. The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that a User is using the Service in a way which violates the Terms and Conditions. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.
10.3. In case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to Users’ violating applicable laws or the Terms and Conditions while using the Service, such Users shall immediately compensate the Company upon its request.
11. The Company's Exemption of Liability
11.1. The Company does not expressly or impliedly guarantee that the Service (including the contents) are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service with such defects.
11.2. To the extent permitted by applicable laws, Users waive any and all right to claim against the Company for any damages inflicted upon Users in relation to the use of the Service.
11.3. The Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or Users predicted or could have predicted) with respect to the Company's contractual default or act of tort due to the Company's negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company's contractual default or act of tort due to the Company's negligence(except for gross negligence) shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.
12.The Contact
12.1. When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on the website operated by the Company. (https://www.bikonnect.com/ )
12.2. When Users notifies or contacts the Company in regard to the Service, Users shall use the user feedback form available on the App’s “Contact Us” option.
12.3. If you have any question about this Terms and Conditions or need to file any complaint, please contact us by the following methods:
■ Company: Microprogram Information Co., Ltd.
■ Tel: +886-4-2369-2699
■ Email: smart_ebike@program.com.tw
13.Governing Law and Jurisdiction
These Terms and Conditions will be governed by the laws of the Republic of China. Conflicts that arise from the Service or conflicts between Users and the Company related to the Service will be submitted to the exclusive jurisdiction of Taiwan Taichung District Court.