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Terms of Service

This is an English translation provided for convenience. The Traditional Chinese version is the binding text; in the event of any discrepancy, the Traditional Chinese version prevails.

1. Acknowledgement and acceptance of these terms
1. Hungwin Digital Co., Ltd. (the "Company") provides you with services including the integrated display of Taiwan stock and futures market information (the "Service") under the Win Invest user terms (these "Terms"). Please read the following provisions carefully and keep track of any amendments or changes the Company publishes in relation to these Terms. The Company may amend or change the content of these Terms at any time.
2. When you use the Service, you may need to comply with additional terms of service or rules published separately by the Company according to the nature of the particular service. Any such separately published terms or rules form part of these Terms.
3. By starting to use the Service, or by continuing to use it after these Terms have been amended or changed, you confirm that you have read, understood and agree to accept these Terms or the amended or changed content. If you cannot comply with, or do not agree to, these Terms, or if your country or region excludes part or all of their content, please stop using the Service immediately. To protect your own interests, we recommend that you check the latest published version of these Terms regularly.
4. If you are under 20 years of age or lack full legal capacity, then in addition to the above you may only use or continue to use the Service after your legal guardian has read, understood and agreed to these Terms and all subsequent amendments or changes; otherwise please stop using the Service immediately. Your use or continued use of the Service indicates that your legal guardian has read, understood and agreed to accept these Terms and all subsequent amendments or changes.
5. You understand and agree that once you complete registration and sign-in and formally become a member of the Company, you must comply not only with all provisions of these Terms but also with the Company's other rules applicable to members.
6. You understand and agree that if you breach any provision of these Terms, the Company may suspend or terminate your account and/or all or part of your use of the Service without notice.

2. Protection of intellectual property and copyright notice
1. The software, interfaces, programs and other content used in the Service — including but not limited to news, columns, works, images, files, information, data, program architecture, interface arrangement and interface design — are, unless otherwise provided in these Terms, the intellectual property of the Company or other rights holders under the law. Such intellectual property includes but is not limited to trademark rights, patent rights, copyright, trade secrets and proprietary technology. No person may use, modify, reproduce, publicly broadcast, adapt, distribute, rent, publish, publicly transmit, publicly release, reverse engineer, decompile or disassemble them without consent. Respecting intellectual property is your obligation; in the event of a breach you bear all legal liability and must compensate the Company for all losses.
2. Content you download from the Service platform is limited to fair use for personal, non-commercial purposes, and may not be transmitted, distributed or made available to the public in any form. You must comply with all relevant provisions of copyright law when using it, and may not alter, publish, broadcast, resell, reproduce, adapt, distribute, perform or display part or all of the Service's content, or use it directly or indirectly, to obtain any benefit (including but not limited to programmatic advertising revenue).
3. If you wish to use the Service's content other than personally, please contact the Company to discuss a licensing arrangement. Except where lawfully licensed, the content published on the online platforms and/or programs operated by the Company (the "Official Site") belongs to the Company and may not be used in any way without the Company's written permission or licence. Where the intellectual property in content published on the Official Site does not belong to the Company, it likewise may not be used in any way without the written permission or licence of the relevant rights holder.
4. When the Company markets and promotes the Service, the product names, service names and graphics relating to the Service (the "Service Marks") are protected under the Trademark Act, the Fair Trade Act and other laws of the Republic of China (Taiwan) according to their registration or use status. No person may use the Service Marks in any way without the Company's prior written consent.
5. To safeguard intellectual property, if your own trademark rights, patent rights, copyright or other intellectual property may have been infringed by the Company, please contact the Company as soon as possible and provide specific details of the infringement, including but not limited to (1) a description of the intellectual property claimed to have been infringed; (2) a description of where the work claimed to have been infringed appears on the Company's Official Site; and (3) your contact details.

3. Registration obligations
To use the Service, you understand and agree to the following:
1. The information you provide to the Company is accurate, current and complete;
2. You will maintain and update your personal data at all times. If you provide any inaccurate, false or incomplete information, the Company may suspend or terminate your account and refuse you all or part of the Service.
3. After completing registration for the Service, you will receive an account and password, which you must keep confidential and secure.
4. If your account or password is used without authorisation, or any other security issue arises, you must notify the Company immediately.

4. Links to third-party programs and websites
1. The Company or its partners may provide links to other programs or online resources, through which you may reach programs or websites operated by other businesses with which the Company has no relationship. Trademark rights and other rights in those programs or websites remain with the relevant rights holders; the Company has not obtained them and does not license them to you.
2. Programs or websites operated by other businesses are the sole responsibility of those businesses and are outside the Company's control or responsibility. The Company does not warrant the accuracy, timeliness, validity, legality, security or completeness of their content.
3. You understand and agree that the Company bears no liability for damages arising from your linking to other programs or websites. The Company may at any time work with other companies, vendors and third parties ("content providers") who supply content for the Company to publish. The Company will credit the content provider when publishing. Out of respect for content providers' intellectual property, the Company does not substantively review or modify the content they supply, and accepts no liability for it.

5. Member conduct
1. Information, data, text, software, music, audio, photographs, graphics, video or other material posted publicly or sent privately by the Company's members ("member content") is the sole legal responsibility of the member who provided it. The Company gives no warranty and accepts no liability for compensation.
2. Under no circumstances is the Company responsible for any member content, including but not limited to any error or omission, or any loss or damage arising from anything posted, transmitted or emailed through the Company.
3. Where a member acts through the Company's Official Site, the Company may preserve or disclose the content within a reasonable scope in the following circumstances:
　　3.1. as required by law;
　　3.2. to enforce the provisions of these Terms;
　　3.3. where a third party presents relevant evidence and requests the prevention or removal of an infringement, or claims damages;
　　3.4. other circumstances where necessary to protect the life, person or property of the Company, users of the Service or the general public.

6. Refund policy
1. No refund requests are accepted for the digital content, services and goods provided by the Company. Please be aware of this before purchasing.
2. Nevertheless, in the spirit of customer service, we are glad to offer refunds for non-malicious return requests arising from product defects (for example an excessive error rate), technical problems or duplicate purchases, and will correct the issues encountered as quickly as possible.

7. Privacy protection
1. The Company respects your privacy and is committed to protecting your personal data. Please read the "Win Invest Privacy Policy" carefully before using the Service. Your use of the Service is deemed consent to the Company collecting, processing and using your personal data in accordance with the "Win Invest Privacy Policy".

8. Cookies
1. The Company will set and access cookies on the computer, mobile phone or other mobile device you use to browse the Company's Official Site.
2. The Company permits vendors placing advertisements or campaigns on the Official Site to set and access cookies on your computer, mobile phone or other mobile device; each such vendor's own privacy policy applies.
3. Cookies are used to track your activity on the Company's Official Site, so that the Company can carry out analysis and data collection in order to provide you with a more convenient and complete service.
4. If you do not wish to accept the cookies set by the Company, you may refuse them through your web browser settings, though doing so may limit your use of the Service.

9. Licence granted by you to the Company
1. You understand and warrant that the material you upload, transmit, enter or provide to the Company is created by you or lawfully licensed to you, and that once such material is uploaded, transmitted, entered or provided to the Company, the Company may use, modify, reproduce, publicly broadcast, adapt, distribute, rent, publicly transmit, publicly release or otherwise exploit it, and may sub-license these rights to others.
2. You understand and warrant that the Company's use, modification, reproduction, public broadcast, adaptation, distribution, rental, public transmission, public release or other exploitation of the material described above will not infringe any third party's intellectual property. Otherwise you must compensate the Company for all losses suffered (including but not limited to litigation costs and legal fees).

10. Refusal or termination of your use
1. You understand and agree that the Company may, for various reasons (including but not limited to your not having used the Service for a period of time, an order of a court or government authority, your own request, a substantive change to the Service or unforeseeable technical or security issues, fraudulent or unlawful conduct on your part, your failure to pay fees as agreed, or the Company considering that you have breached any provision or the purpose of these Terms), terminate your account, password or use of the Service at its discretion. If the Company terminates any service to you, it bears no legal liability to you or any third party.
2. You understand and agree that the member account you use on the Company's Official Site is non-transferable, and that the account, its content and all associated rights terminate immediately upon your death or loss of legal capacity. The Company has no obligation to continue maintaining or preserving that account and its content.
3. In any of the following circumstances the Company will suspend or interrupt all or part of the Service, and bears no liability for any direct or indirect loss you suffer as a result:
　　3.1. when the Company's software or hardware is being relocated, replaced, upgraded, serviced or maintained;
　　3.2. where you breach government laws or these Terms;
　　3.3. where the service stops or is interrupted due to natural disaster or other force majeure;
　　3.4. where the service stops or is interrupted for other reasons not attributable to the Company.

11. Legal obligations and undertakings of users
When using the Service you must comply with the laws of the Republic of China (Taiwan) and relevant international internet conventions. If you are a user outside the jurisdiction of the Republic of China, you must also comply with the laws of your own country or region. You may not use the Service for any unlawful purpose or by any unlawful means, nor use the Company's Official Site to infringe the rights of others or engage in unlawful or improper conduct; otherwise the Company may terminate your use of the Service immediately. Such unlawful or improper conduct includes but is not limited to:
1. using the Company's Official Site for any activity that may breach the Banking Act, the Securities and Exchange Act, the Statute for Financial Asset Securitization, the Securities Investment Trust and Consulting Act or other laws;
2. publishing or transmitting on the Company's Official Site any text, images or other material that is defamatory, insulting, fraudulent, obscene, pornographic, gambling-related or otherwise contrary to law, public order or good morals;
3. publishing or transmitting on the Company's Official Site any information that infringes another person's intellectual property (including but not limited to trademark rights, copyright, patent rights and trade secrets), reputation, privacy or other rights and interests;
4. breaching a duty of confidentiality arising by law or under contract;
5. accessing the Company's member service systems or networks without authorisation, using another person's account, or sending mail with forged sender identification;
6. transmitting or distributing computer viruses or other data or information capable of disrupting or damaging computer systems or programs;
7. engaging in unlawful transactions, or posting false messages or messages that induce crime;
8. selling firearms, bladed weapons, narcotics, banned drugs, pirated software or other goods whose sale is prohibited by law;
9. providing gambling information or otherwise publishing messages that induce others to gamble;
10. sending unsolicited advertising email or other spam;
11. collecting others' email addresses or other personal data without their consent;
12. forging the source of a message or otherwise interfering with the identification of the transmission source;
13. interfering with or interrupting the Company's provision of the Service, the Official Site's servers or the networks connecting to the Official Site, or failing to follow the procedures, policies or rules relating to connection to the Official Site;
14. interfering with or tracking another person's personal data, or collecting or storing another person's personal data for that purpose;
15. other conduct the Company considers improper.

12. Protection of children and young people
To keep children and young people safe when using the Service and to prevent invasions of their privacy, legal guardians should fulfil the following obligations:
1. Choose carefully which websites and/or programs are suitable for children and young people. Children under 12 should be accompanied throughout while browsing the Company's Official Site; for young people aged 12 to under 20, guardians should consider whether to permit use of the Service.
2. Tell children and young people not to casually enter their own or their family's information on the Company's Official Site or disclose it to others, and to review the "Win Invest Privacy Policy" before providing any personal data.
3. Tell children and young people not to casually contact strangers on the Company's Official Site, and not to accept gifts from them or meet them alone.
4. Tell children and young people that images, music, video and text files shared on the Company's Official Site are protected by copyright law; they should respect copyright and must not download or reproduce files of any kind by unlawful means.
5. Tell children and young people that, before entering into any transaction on the Company's Official Site, they should pay attention to the content, amount and payment method, and must inform their legal guardian to obtain consent.

13. Service interruption or malfunction
1. The Company's Official Site systems may suffer interruption or malfunction, which may cause you inconvenience, data loss, error, tampering or other property or non-property damage. We recommend taking protective measures at all times when using the Service. Except in cases of intent or gross negligence on the part of the Company, the Company bears no liability for any damage arising from your use of, or inability to use, the Service.

14. Protecting yourself
1. After finishing browsing the Company's Official Site, please sign out and close the browser window to keep your personal data secure.

15. Downloading software or data
1. Before downloading software or data through the Service or via links from the Company's Official Site to other programs, you should consider and screen the relevant software or data carefully. The Company gives no warranty as to the legality, accuracy, completeness or validity of such software or data, or whether it infringes the rights of others, and bears no liability for any damage suffered by you or a third party as a result.

16. Advertising
1. For advertising content, product images or other sales information published on the Company's Official Site by suppliers of products or services or by advertisers, the Company accepts the material for publication only and does not substantively review or modify it. The Company therefore gives no warranty as to the accuracy or credibility of such content, and you should assess and judge the accuracy and credibility of advertisements yourself.

17. Purchases and other transactions
1. Various businesses or individuals may offer goods, services or other transactions on the Company's Official Site or through other programs linked from it. When you transact with such businesses or individuals, the contract, transaction and performance exist solely between you and them. Please ask each business or individual to explain in detail the rights, quality, content, delivery, warranties, returns and exchanges and defect liability relating to the goods, services or other subject matter.
2. Any dispute arising from such purchases, services or other transactions (including but not limited to payment amount, payment method and delivery of goods) should be pursued with the relevant business or individual. The Company will not intervene in any purchase, service or transaction between you and them, and gives no warranty as to the goods, services or other subject matter you obtain.

18. Disclaimer
You expressly understand and agree to the following:
1. Trading information and rating information on the Company's Official Site is for reference only. When using the Service you should reach trading decisions on the basis of your own independent judgement, and should judge and evaluate the accuracy and credibility of the data involved yourself and at your own risk. The Company gives no guarantee of profit and accepts no warranty liability for any investment or financial activity you undertake using information and data obtained through the Company's Official Site.
2. The Service may suffer interruption or malfunction, which may cause you inconvenience, data loss, error, tampering or other economic loss. You should take protective measures when using the Service. Except in cases of intent or gross negligence, the Company bears no liability for damage arising from your use of, or inability to use, the Service.
3. You may not claim against the Company that any data, goods, services or other information purchased or obtained through the Company's Official Site fails to meet requirements or expectations, or is defective.
4. Given the nature of internet transmission, the Company cannot guarantee the accuracy or timeliness of all transactions conducted through the Official Site, nor does it warrant that the Service will always be available in time, uninterrupted, secure or error-free.
5. Information or advice you obtain from or through the Company's Official Site, whether presented in writing or orally, does not constitute a warranty by the Company.
6. You bear sole responsibility for any damage or loss arising from your breach of these Terms, and the Company bears no liability for damages or compensation for loss.

19. Notices
1. For changes to these Terms and other matters requiring notice under the relevant laws of the Republic of China (Taiwan), the Company may notify you by email, ordinary mail, SMS, MMS, text message, posting on the Company's Official Site or other reasonable means. However, if you access the Service's content by unauthorised means in breach of these Terms, you may not receive such notices.
2. When you use the Service through means authorised by the Company, you are deemed to have agreed that any notice sent to you by the Company is treated as delivered.

20. Consumer rights
For consumer dispute handling, consumers may file a complaint in any of the following three ways:

1. Call the national consumer service hotline 1950.
2. Submit an online application on the Consumer Protection Committee website of the Executive Yuan (https://appeal.cpc.ey.gov.tw/WWW/Default.aspx), or download and print the application form, complete it and fax or post it to the Consumer Service Centre of the municipal Legal Affairs Bureau.
3. Apply in person at the Consumer Service Centre of the municipal Legal Affairs Bureau.

21. Effect of these terms, governing law and jurisdiction
1. These Terms constitute a valid contract between you and the Company. If any part of these Terms is invalid, the validity of the remaining provisions is unaffected.
2. The interpretation and application of these Terms, any dispute relating to them, and any legal proceedings arising from them, shall be governed by the relevant laws of the Republic of China (Taiwan), with the Taiwan Taipei District Court as the court of first instance. Where the relevant laws of your location conflict with the above, those provisions shall not apply here.
3. Any matter not covered by these Terms shall be resolved by both parties through discussion on the principles of good faith, equality and mutual benefit.

22. Changes to the Service
1. The Company reserves the right to modify, suspend or permanently discontinue the Service at any time without notice, and you understand and agree that the Company bears no legal liability in this respect.

23. Miscellaneous
1. The headings in these Terms are for reference only and do not affect the interpretation of the individual provisions.