Acknowledgment and Acceptance of Terms

• holkee provides the membership service (the "Service") in accordance with the Terms of Service ("Terms"). To become a formal member of holkee and use the Service, you must agree to the content of the Terms and complete the registration process.
• By submitting an application, registering an account, and using the Service, you acknowledge that you have read, understood, and agree to be bound by all the content of the Terms. holkee may modify and change the Terms from time to time. We recommend that you pay regular attention to the website announcements or such modifications and changes. The changes take effect on the date of announcement. Your continued use of the Service following changes or modifications signify that you have understood, accepted, and agree to be bound by the modified or changed Terms. If you do not agree to the Terms, please stop using the Service immediately.
• When you use the Service, you can purchase the website platform’s exclusive value-added services that holkee provides ("Value-Added Services") for the website that you manage (the "Subject Website").
• The Service may provide optional individual and separate Value-Added Services in the future. If you use the Service to purchase Value-Added Services for the Subject Website, you also need to read and agree to the terms of each Value-Added Service.
• To protect your rights and interests, holkee hereby informs you of the following matters in accordance with Article 8 of the Personal Information Protection Act:
  • Purposes of personal data collection
    • 040 Marketing (including financial cross-selling business)
    • 081 Legal trading of personal data
    • 090 Consumer, customer management and service
    • 091 Consumer protection
    • 104 Account management and debit trading business
    • 135 Information/communication services
    • 136 Information/communication and database management
    • 137 Information/communication security and management
    • 148 Online shopping and other electronic commerce services
    • 152 Advertisement or commercial conduct administration
    • 157 Investigation, statistics, and research analysis
  • Categories of personal data:
    • Identification code types:
      C001 Identifying individuals
      For example: name, title, address, office address, previous address, home telephone number, cell phone number, instant messaging account, Internet web account, postal and resident address, photograph, fingerprint, email address, digital signature, serial number of certificate card, certificate serial number, record providing Internet identity authentication or applying for inquiry service, and any other data that can be used to identify the data subject
      C002 Identifying financial information
      For example: financial institution account numbers and names, credit card or debit card numbers, insurance policy numbers, and any other personal numbers or accounts
    • Characteristic code types:
      C036 Lifestyle
      For example: types of consumer goods and details of services used, and personal or family consumption patterns
    • Code types for financial details:
      C081 Income, earnings, assets, and investments
      For example: total income, total earnings, earned income, capital and assets, savings, start date and maturity date, investment earnings, investment income, and asset expenses
  • The personal data use period starts from the date when you first use the service and ends on the date when we stop the provision of the service.
  • Who will use your personal data and where and how the data will be used:
    • Your personal data will be used in Taiwan and the region where the Service is used. To fulfill our contractual obligations, we may provide your data to special partners or vendors of holkee for specific purposes.
    • holkee will process and use your personal data for the purposes for which your data was collected.
    • Special partners or vendors of holkee will collect, process, or use your personal data only for the purposes of point accumulation and redemption and marketing.
    • Holkee will send you messages regularly or irregularly based on your personal data. If you do not want to receive such messages, you can send an email to holkee customer service to unsubscribe them.

Warranties and Obligations

• To use the Service, you agree to the following provisions:
  • When you apply for using the Service, you must be 18 years old or above; when you file an application in the name of an individual, firm, or company, you undertake that you are the legal representative, person in charge, or duly authorized representative of the Subject Website.
  • You must not provide any false or incomplete registration information, and you will follow the registration prompts for the Service to provide, maintain, and update your correct, current, and complete data at any time.
  • You must not infringe upon the intellectual property rights of others, such as business secrets, trademark rights, copyrights, and patent rights.
• Account and password requirements:
  • Your registration and use of your account and nickname must conform to the Internet ethics and comply with applicable laws and regulations of the Republic of China ("ROC"). You agree to provide, maintain, and update your correct, current, and complete data to ensure that the data you provide is always correct, current, and complete. If you provide any incorrect, false, or incomplete data, holkee has the right to suspend or terminate your account and disallow you to use all or part of the Service.
  • The Subject Website that you want to add must be a store incorporated in compliance with the laws of the ROC and the items listed in the store must be legal.
  • The Subject Website that you want to add must not engage in business operations that violate public orders, good customs, or laws, such as pornography, firearms sales, drug trafficking, and gambling. In addition, the actual business content of the Subject Website must be consistent with the login name or store description.
  • Data about the Subject Website that you want to add must not infringe upon the trademark rights, copyrights, or other intellectual property rights or other rights.
  • Your account must not contain text or visuals that are defamatory, insulting, indecent, threatening, obscene, abusive, illegal, or against public order or good customs. In addition, it must not contain disputable text or information that is inappropriate, incorrect, illegal, or infringes upon the rights of others.
  • After successful registration, you have the obligation to keep your account and password confidential and safe. holkee must not be liable for any losses caused by your intentional or negligent disclosure of your account and password to any third party.
  • You agree that you will immediately notify holkee of any security issues such as the unauthorized use of your account.
  • Every time you've done using your account and password, please log out to avoid security concerns.
• You understand and agree that you must indemnify holkee or its directors, managers, or employees for any damages arising from any claim or lawsuit filed by any third party or any penalties by competent authorities due to your use of the Service violating the law or infringing upon the rights of others, including but not limited to litigation costs and attorney fees, and pay the penalties or fines on their behalf.
• You undertake to abide by applicable laws and regulations of the ROC and all international practices regarding the use of the Internet, and not to use the Service and the Value-Added Services purchased using the Service for any illegal purpose, in any illegal manner, or in violation of any of the following provisions:
  • Without the authorization or consent of holkee, you must not use the name of holkee for commercial or advertising purposes. You must not use the Service as a venue, platform, or any other form of medium for engaging in any illegal activities. holkee must not be liable for any of your violations.
  • Intentionally use any invalid syntax or program to disrupt the display and normal operation of the service pages.
  • Infringe upon the intellectual property rights of others, such as business secrets, trademark rights, copyrights, and patent rights.
  • Use the Service to access the computer systems of others without authorization, interrupt their normal functioning, or spread computer viruses.
  • You must not carry out any other behavior that holkee deems inappropriate.
• Except for the promotional photos and videos you upload, the intellectual property rights, including but not limited to copyrights, trademark rights, and patent rights, in all content of holkee, including but not limited to texts, visuals, audio and video clips, programs, screen arrangements, and data edits are owned by holkee or their respective rights holders in accordance with the law. You must not use, reproduce, modify, edit, disseminate, distribute, publicly publish, publicly broadcast, publicly transmit, or otherwise use such content in any way without the legal authorization of holkee or their legitimate rights holders. If you violate this provision, in addition to assuming the resulting legal liability, you must indemnify holkee for any damages arising therefrom (including but not limited to litigation costs and attorney fees).

Authorization and Management of Information on the Subject Website

• You agree to grant to holkee a non-exclusive, global, royalty-free, and irrevocable right to use any content and information that you provide during your use of the Service in any digital form for the following purposes:
  • Display or promotion of all or part of your store information.
  • To promote the Service, holkee may use, reproduce, publicly broadcast, adapt, distribute, publicly publish, publicly perform, translate, disclose, display, disseminate, transfer, and publicly transmit your store information on any media through the Internet or any third-party network (including but not limited to wired and wireless networks); sublicense such rights to third parties for this purpose; display your store information on the holkee website, the systems of holkee, its subsidiaries, or affiliates, or in search results or query and comparison results; and sublicense users of the holkee website to download, save, or print your store information for personal use; provided however that holkee has no obligation to display all or part of your store information in the aforementioned results.
• You warrant that you have a proper origin of authority to grant the preceding license. If you do not have the legal rights to license others to use, modify, reproduce, publicly broadcast, adapt, disseminate, distribute, or publicly publish any information and allow holkee to sub-license such rights to others, please do not upload, transfer, enter, or provide such information to holkee. In case of any disputes arising therefrom, you must resolve the disputes on your own and holkee cannot be held liable. In case of any claims filed by third parties against holkee, you must deal with the claims and indemnify holkee for all losses incurred.
• holkee reserves the right to decide whether to accept your store information and add it to the corresponding category. If holkee accepts your store information and enters it into the database, holkee reserves the right to add your store into any category that it deems appropriate and add any specific rating, description, sharing link, or comments to your store.
• holkee reserves the right to delete all content that does not comply with any provision of the Service or any Value-Added Service without notifying you. Such content includes but is not limited to:
  • Any commercial advertisement published in places other than the advertising spaces defined by the Service or Value-Added Service, including but not limited to third-party links to your official website, blog homepage, and fan club.
  • Rumors, speculations, or false or fabricated statements.
  • Malicious reviews.
  • Reposted or plagiarized content.
  • Other content that holkee deems inappropriate, including but not limited to information that involves personal, gender, racial, and geographic discrimination or offensive language.
• holkee also reserves the right to remove your store information that holkee deems to have seriously violated the Terms (including but not limited to posting information or comments that do not meet the minimum standards in the Terms) from the database of the Service, change the category of your store, and modify, block, hide or delete the content, description, or visuals of the store information, or other information.
• Once your store is added to the database, you can browse it in the corresponding holkee category. However, holkee reserves the right to redesign or modify the usage, way of presentation, structure, specifications, functions, and appearance of the search and category features at any time, and you cannot raise any objection to or requirement on the unified management and design changes of the holkee website.
• In case of significant changes in your store information that has already been entered into the database, please log in to your management console to update your information based on the actual situation. The update takes effect immediately after you complete the modification. You must not provide false or untrue information during the update and you must ensure that your store information is current and complete. You are responsible for resolving any consumption or other disputes arising out of any losses or damages suffered by you or other holkee members due to your failure to promptly update your store information, and holkee will not assume any responsibility therefor.
• You understand and agree that holkee may retain, or disclose to government agencies, judicial police officers, courts, or guardians of minors, your basic store information in accordance with legal requirements or to the extent reasonable and necessary:
  • to hold you liable for violation of laws or the provisions of the Terms.
  • to respond to any third-party claim that you have infringed upon the third party's rights.
  • to meet the requirements provided by any court or governmental authority in accordance with the laws and regulations of the ROC.
  • for the purpose of investigation of crimes by judicial or police authorities.
  • to protect the public interests or protect the rights, property, or personal safety of holkee, its users, and the public.

Considerations for Posting and Selecting Comments

• When you use the Service, the comments that you post or select using any Value-Added Service do not represent holkee's position. holkee assumes no responsibility for such comments and does not guarantee the truthfulness of the data you provide. holkee has the right, but no obligation, to reject or remove any content provided through the Service at its sole discretion. If necessary, holkee may require you to provide prompt explanations and relevant information regarding any doubts or disputes involved in the comments. You must also pay attention to the following provisions:
  • When you edit or update your store information, the following content is strictly prohibited:
    • Comments that are irrelevant to the topic.
    • Information that infringes upon the intellectual property rights of others, such as copyrights.
    • Any commercial advertisement published in places other than the advertising spaces defined by the Service or Value-Added Service, including but not limited to third-party links to your official website, blog homepage, and fan club.
    • Rumors, speculations, or false or fabricated statements.
    • Speeches that involve personal attacks, slander others, insult others, or infringe on the reputation of others.
    • Speech and cursing that stir up ethnic consciousness or incite confrontation.
    • Any text, visual, or any form of file that is threatening, offensive, indecent, pornographic, untrue, against public order or good customs, or otherwise illegal.
    • Information that may cause vicious competition and provocation between stores, between individual members, or between stores and individual members.
    • If the content has a hyperlink, the following links are strictly prohibited:
      • Links that violate good customs.
      • Links to gambling, fraud, and virus-infected websites.
      • Links to other illegal websites.
  • If the uploaded information mentions drugs, food, cosmetics, or health food, the following information is strictly prohibited:
    • Food sharing articles that make exaggerated and false statements or claim to have curative effects, which violate the Health Food Control Act and the related regulations promulgated by the Ministry of Health and Welfare. For more information about the related regulations, refer to the Identification Form for Advertisement Labeling Words and Phrases Involving Falsehood, Exaggeration, or Medical Efficacy.
    • Indication or promotion of medical efficacy for drugs (including medical devices) that are not covered by the Pharmaceutical Affairs Act.
    • Information that violates the Cosmetic Hygiene and Safety Act promulgated by the Ministry of Health and Welfare. For information about words and phrases that comply with the regulations, please refer to Appropriate and Inappropriate Words and Phrases for Promotion of Cosmetics.
    • Information about drugs or medical devices that are prohibited by law from being displayed and sold on the Internet; or promotional content that has not been reviewed and approved by the competent authority.
    • Claims about product efficacy for which you cannot provide relevant literature, medical theory, or clinical trial statistics.

Modification and Termination of Service

• holkee provides the Service and Value-Added Services on an as-is basis at the time of your registration and has the right to modify or terminate the Service temporarily or permanently at any time. You agree to all modifications, suspension, or termination of our website and acknowledge that holkee is not liable to you or any other party in this regard.
• You agree that holkee may, at its sole discretion, terminate, close, or delete your account and password, delete all information and files of your account, and remove all content that you provided, uploaded, or edited on our website for any reason, including but not limited to your failure to log in to our website after a long time or your violation, based on the reasonable judgment of holkee, of the letter or spirit of the Terms. holkee may also, at its sole discretion, unilaterally terminate all or part of the Service without prior notice, without any liability to you or any third party.
• You acknowledge and agree that holkee may immediately close or delete your account, and you agree that if the Service is terminated, your account, password, and the related information may be closed or removed.
• If you have ordered services from holkee for the Subject Website, you agree to follow holkee's refund policy when our website makes any modifications, closes your account, or terminates the Service.
• If you violate any of the Terms, holkee has the right to suspend or terminate your account and disallow you to use the Service, and you must not request a refund.

System Interruption or Failure

• When you use the Service, system interruptions, failures, or scheduled or unscheduled maintenance or updates may cause inconvenience to you and make you suffer from data loss, changes, and economic losses. Please take preventive measures when you use the Service or Value-Added Services. holkee cannot be held liable for any loss caused by your use or inability to use the Service or Value-Added Services.
• You agree that holkee is not responsible for any loss caused by your inappropriate or illegal operations, and you must assume all legal responsibilities directly or indirectly caused by your behavior.

Disclaimer

• holkee does not provide any warranty, whether express or implied, for the Service and software. The Service and software are provided on an as-is and as-available basis. You must use the Service and software at your own risk.
• holkee does not guarantee that:
  • The Service and software will meet your needs.
  • The Service will be uninterrupted, immediately available, secure, reliable, or error-free.
  • The results obtained from the use of the Service and software are accurate or reliable.
  • All products, services, information, or data purchased or obtained by using the Service will meet your expectations.
  • We do not make any representation or warranty as to the accuracy or reliability of any third-party content, information, or advertisements contained in, connected to, or downloaded or obtained from the Service or Value-Added Services. In addition, holkee is not responsible for any products, information, or data that you purchased or obtained based on any third-party content, advertisements, and information displayed in the Service or Value-Added Services. You must judge the accuracy and credibility of the advertisements by yourself.
  • holkee has the right, but no obligation, to improve or correct any omissions or errors in any part of our website.
  • You understand and agree that holkee may cooperate with other third-party operators ("Content Providers") to provide different content including news, information, and advertisements, and list the content in Value-Added Services by indicating the corresponding Content Providers. holkee respects the intellectual property rights of Content Providers and does not substantially review or modify the content provided by them. holkee assumes no responsibility for the accuracy or authenticity of such content. You must make your own judgment on the accuracy and authenticity of such content. If you believe that some content is infringing or untrue, please report your opinion directly to the Content Provider.

Free Trial Service

By using the holkee free trial service, you agree to abide by the following provisions:

• holkee provides a free trial service for you to apply for. The free trial service allows you to experience the website before making payment, understand its system operation mechanism in advance, and verify whether the functions of the website meet your expectations.
• The free trial period is 30 days starting from the date of account registration or service activation.
• After the expiration of the free trial period, if you want to continue using the Service, you must pay for Value-Added Services provided by holkee. If you do not choose any paid plan and pay the corresponding fees after the free trial period expires, holkee has the right to cancel your free trial membership, you may not be able to log in to the store management console any more, and holkee has no obligation to retain the account and its information.
• holkee may, at its sole discretion, decide whether to approve your application for the free trial membership. holkee may adjust the qualifications and period of the free trial plan at any time based on its own considerations. holkee may also review the usage by individual free trial members from time to time and may suspend or cancel a member account to avoid account abuse if it deems that the member account may damage the interest of holkee or any third party.
• Before you use the free trial service, you must read and agree to the Terms and the Privacy Policy.
• When you purchase a paid plan during the free trial period, the remaining trial days will not be retained or refunded.

If you use the Service to open and run your website, you agree to comply with the following provisions:

• You must sell items or serve consumers under your own name and pay the fees for using the Service as per the Terms or other related agreements.
• You must inform consumers of the fact on the homepage, order page, and checkout page of your website that the items and services they purchase are provided by you, and indicate your name, address, customer service number, and email address on your store page so that the consumers can contact you as needed. You agree that holkee may indicate on appropriate pages that the relevant system services are provided by holkee.
• You understand and agree that holkee is only a system platform provider and not a seller. holkee will not intervene in the buying and selling relationship between you and consumers. You understand that you must assume all responsibilities and obligations arising from your provision of product-related services such as order cancellation, shipment, return, exchange, repair, after-sale service, and warranty service when you run your store and sell products. The transactions between you and consumers on the holkee platform are transfers or deliveries between you and the consumers. If you are involved in any consumer disputes with, or subject to any claims filed by, consumers or other third parties, you must hold harmless holkee from and against any damages arising therefrom.
• You understand and agree that the holkee platform provides a variety of automated third-party cash flow and logistics connection services. However, when you apply for services from a third-party cash flow or logistics company, holkee is not involved in the platform transaction payment collection or product delivery relationship between you and the third-party company. You must separately enter into an agreement with the third-party cash flow or logistics company and deal with the platform transaction payment and other resulting issues. All payments arising from transactions on the platform and all rights and obligations arising from product sales must be settled by you and the corresponding third-party company, including but limited to the issuance of sales vouchers and the invalidation of sales vouchers or issuance of debit notes due to changes in or cancellation of orders. You must carefully read the relevant contracts with third-party cash flow and logistics vendors.
• Regarding the products and services you sell or provide in your store, you agree to comply with the following provisions:
  • Quality of products: You must ensure that all products or services listed in your store are of high quality and you must provide relevant product guarantees and after-sales services.
  • Legality of products: You must ensure that all products, labels, content, etc. provided for sales and marketing purposes comply with the Consumer Protection Act, Fair Trade Act, Act Governing Food Safety and Sanitation, Commodity Labeling Act, Commodity Inspection Act, and other applicable laws and regulations. holkee may at any time require you to provide the source of a product and the original documents that are sufficient to prove that the product, label, content, etc. comply with applicable laws and regulations, or documents that holkee deems sufficient to prove the foregoing content, so as to ensure the legality of the product.
  • Products in special categories: If your products include food, health food, cosmetics, medical devices, medicines, or other special categories and are subject to the aforesaid laws and regulations or other laws and regulations governing special categories, you must pay constant attention to the formulation or modifications of laws and regulations, and cooperate with holkee in operational adjustments to ensure compliance with applicable laws and regulations. You must ensure that the products or services you sell in your store do not include any items that are prohibited from being sold online in accordance with public order, good customs, or applicable laws and regulations. You also agree that whether the types of products or services you provide comply with the provisions of these Terms must be subject to holkee's interpretation and judgment.
  • Trade name of products: If you fail to apply for an approval number for a product, or make changes to the approved advertising content, claim that your product has curative effects or make exaggerated publicity, or otherwise illegally label your product or violate laws and regulations, you are responsible for resolving the resulting issues, understand your legal liabilities, and hold harmless holkee from and against any damages arising therefrom.
  • Intellectual property rights: You must ensure that the products sold and marketed on the holkee platform, as well as the trademarks, introductions, specifications, functions, visuals, descriptions, product content, and other information posted on the platform do not infringe upon the copyrights, patent rights, trademark rights, and other intellectual property rights and interests of any third parties, or violate laws and regulations. If a dispute arises due to the foregoing infringement or violation, you are responsible for resolving the resulting issues, understand your legal liabilities, and hold harmless holkee from and against any damages arising therefrom.
  • Ownership of products: You must ensure that the products listed and sold in the store are owned by you, and you must be the seller of the products.
  • After-sales service: You agree that you must, in accordance with the Civil Code, Consumer Protection Act, Act Governing Food Safety and Sanitation, Fair Trade Law, and other applicable laws and regulations, provide after-sales service for products sold on your online store to consumers, which must be equivalent to those services available to general consumers who purchased the same products from other websites, channels, or stores. You are responsible for providing after-sales services for products purchased by any consumers from your online store, which must have nothing to do with holkee.
• You are responsible for resolving all consumer disputes or controversies between you and consumers or other third parties (including but not limited to cash flow and logistics vendors), and holkee must not assume any liability arising therefrom. If any consumer dispute or controversy arises, you must promptly handle it. If holkee is punished by administrative authorities, or is subject to any request or lawsuit filed by any third party, or is reported to administrative authorities by any third party due to your failure to properly resolve a consumer dispute or controversy, you must provide necessary explanations and assistance as required by holkee, immediately deal with and resolve the issue, and hold harmless holkee from and against any damage arising therefrom.
• The system and functions provided by the holkee platform are owned by holkee. You can use the system during the use period of the free plan or paid plan. Within ten days upon the termination or expiration of the use period, you must complete the processing of uncompleted orders. If you fail to complete the shipments in the holkee back-end system, you must make a refund to consumers to protect their consumer rights and interests.
• If you need to collect consumers' personal data due to using the Service, you must collect or use relevant personal data in accordance with the Personal Data Protection Act. If you are subject to any civil or criminal liability due to violation of applicable laws and regulations, it must have nothing to do with holkee and you must hold harmless holkee from and against any damage arising therefrom.
• You understand that you must indemnify holkee for any damages arising from your violation of the warranties or obligations under the Terms.

Third-party Tool Services

• When using the third-party tool services, you must ensure that you are familiar with the services and agree to the terms of use of the third parties. holkee cannot monitor or control the results arising from your use of the third-party tool services.
• For the convenience of merchants and consumers, holkee provides links to third-party tools. The provision of links does not mean that holkee endorses the content of those third-party services or has any relationship with the third parties.
• holkee does not guarantee the suitability, timeliness, validity, and accuracy of the content of third-party websites to which holkee provides links.
• When you, as a merchant or consumer, use a link provided by holkee and are redirected to a third-party website, you must decide whether to leave our website on your own, and holkee must not be jointly and severally liable for any damages arising from such redirection to the third-party website.
• Before using a third-party tool, holkee recommends that you, as a merchant or consumer, fully understand all details of the third-party tool.
• As a merchant, you must meet the qualifications set by the third-party tool provider and may use the tool after passing the verification by the provider. holkee is not responsible for your inability to use the third-party tool service for reasons attributable to you.

General Provisions

• You agree that the interpretation or application of the Terms, as well as disputes arising from or in connection with the Terms, is governed by the laws of the ROC, and the Taiwan Taipei District Court is the court of first instance.
• No failure by holkee to exercise or enforce any right or provision of the Terms must constitute a waiver of such right or provision.
• If any provision of the Terms is held by the competent court to be invalid, the parties agree that the court must endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect.
• This Terms has been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the Chinese version shall prevail.