Site Use Statement and Acceptance Terms
Welcome to the official site of Acer Gadget Inc. (hereinafter referred to as this "Site").
The Acer Gadget site (www.acergadget.com) service (hereinafter referred to as this "Service") is provided by Acer Gadget Inc. (hereinafter referred to as "Acer Gadget") in accordance with the Site Use Statement and Acceptance Terms (hereinafter referred to as these "Terms"). By completing the Acer Gadget member registration procedure or starting to use this Service, a member is deemed to have read, understood and agreed to all provisions of these Terms and have fully accepted the items and contents of this Service.
Acer Gadget shall have the right to modify or change the provisions of these Terms at any time and shall publish the modified provisions of these Terms on the site without individual notice to members; it is recommended that members pay attention to such modifications or changes at any time. By continuing to use this Service after any modifications or changes, a member is deemed to have read, understood and agreed to said modifications or changes. If a member does not agree to the aforementioned amendment or update method with regard to the terms of service or does not accept any provision of these Terms, the member shall immediately cease use of this Service.
Minors may register as a member, use or continue to use this Service only after their parents (or guardians) have read, understood and agreed to all provisions of these Terms and subsequent modifications and changes hereof. If a member uses or continues to use this Service, it is deemed that a parent (or guardian) of the member has read, understood and agreed to all provisions of these Terms and subsequent modifications and changes hereof.
Members and Acer Gadget both agree that all contents including, among others, declaration of intent for use of this Service shall be expressed in the form of electronic documents.
Registration Obligations of Members:
In order to use this Service, members agree to the following items: Members shall provide their accurate and up-to-date information in accordance with the requirements in the registration form of this Service and shall not register as a member in the name of a third party. Each member can register and log in to only one account and cannot register and log into more than one account. Members shall maintain and update their personal information in a timely manner and maintain the accuracy of such information to obtain the best possible service. If a member provides any incorrect or false information, does not provide information as required, does not have the necessary information, has registered more than one account, or the like, Acer Gadget shall have the right to suspend or terminate the member's account without prior notice and not allow the member to use all or part of this Service.
Membership Account, Password and Security:
1. After completing the registration procedure for this Service, a member shall have a specific password and membership account; it is the member's responsibility to keep the password and account secure. Where a membership account and password input in the way required are consistent with the registered information, whether or not the input is done by the member in person, it will be deemed that the use is conducted by the member; and the member shall be fully responsible for all actions carried out using the password and account.
2. Members agree to the following items: Members shall immediately notify Acer Gadget if their password or account has been stolen or any other security issue occurs. Members shall log out to end the use of their account each time after the connection is completed. A member's account, password and membership benefits shall be used and owned by the member only and shall not be lent, transferred to others or shared with others. Acer Gadget shall not be responsible for damage resulting from theft or improper use of accounts and passwords, or other circumstances where Acer Gadget is unable to identify whether the use is carried out by a member in person, unless such damage is due to reasons attributable to Acer Gadget. If Acer Gadget is aware of the misuse of a member's account and password by others, it will immediately suspend the use of such account (including the processing of transactions generated by such account). Where a member agrees to use a Facebook account or other account allowed by this Service (hereinafter referred to as the "Bound Account") for logging in to and using this Service, the password of such Bound Account is processed by the third party's site, and Acer Gadget will not access the password; each Bound Account can only be linked to one Acer Gadget membership account for logging in, and modification is not allowed once the binding is created. From Acer Gadget's perspective, for the login and use of this Service via the login of a Bound Account and password, such logged-in Bound Account is deemed to represent the member; any actions in the course of using this Service shall be deemed to be carried out by the member and shall follow these Terms and the various policies/instructions/measures and other provisions as stated on this Site. Members must properly set up, maintain and keep their Bound Account and password, which includes but is not limited to logging out of the site of this Service and the Bound Account in a timely manner after the use of this Service is completed. If a member reveals their personal information, password or payment information and makes usage by a third party possible, the member must assume full responsibility for the actions of the third party. Acer Gadget can at any time suspend or terminate the measure specified in this item that members can log in to and use this Service through a Bound Account.
Protection of Children and Teenagers:
In order to ensure that children and teenagers use the network safely and to avoid infringement of privacy rights, parents (or guardians) shall fulfill the following obligations: Children under the age of 12 shall be accompanied by their parents (or guardians) throughout the whole course of using this Service. Parents (or guardians) shall consider whether or not to give consent prior to minors of 12 years of age or above using this Service.
Legal Obligations and Commitments of Users:
Members undertake that they will never use this Service for any illegal purposes or in any illegal ways and undertake to abide by relevant laws and regulations of Taiwan and all internationally accepted practices with regard to use of the Internet. Members who are users outside of Taiwan agree to abide by the laws and regulations of their country or region. Members agree and undertake not to utilize this Service to infringe upon the rights of others or to engage in illegal acts, which include but are not limited to:
Publishing or transmitting any text, pictures or files in any form that are defamatory, insulting, threatening, offensive, indecent, obscene, false, contrary to public order or good customs or unlawful that infringe or damage the reputation, privacy rights, trade secrets, trademark rights, copyrights, patent rights, other intellectual property rights and other rights of Acer Gadget or others; violating the obligation of confidentiality under the law or contract and using this Service in the name of others to transmit or distribute computer viruses and engage in business activities without prior authorization by Acer Gadget for publishing, transmitting or sending spam emails, chain letters, illegal or multi-level marketing and advertisements, etc. not authorized by Acer Gadget; or storing any information that infringes upon the intellectual property rights of others or violates laws and regulations that is distressing, displeasing or offensive to other users of this Service or third parties or cause dislike due to violation of general netiquette, other actions that are inconsistent with the purpose of this Service, or actions that Acer Gadget, with good reason, believes are inappropriate.
Change of Service Contents and Delivery of Electronic Newsletters and EDMs:
1. Members agree that within the scope of this Service and based on business needs or actual circumstances, Acer Gadget may increase, decrease, change or terminate the item or contents of relevant services without individual notice to members.
2. Members agree that based on the actual implementation situation, Acer Gadget may increase, modify or terminate relevant activities and notify members in the most appropriate way, including but not limited to making a statement on this Site.
3. Members agree that Acer Gadget may send electronic newsletters or electronic direct mails (EDMs) to the email accounts that members use to log in. If a member rejects a marketing message, Acer Gadget shall cease sending marketing messages.
Suspension and Interruption of Service:
Acer Gadget shall maintain the normal operation of systems and services in accordance with general reasonable technologies and methods. However, under the following circumstances, Acer Gadget shall have the right to suspend and interrupt the provision of this Service: The electronic communication equipment of the Acer Gadget site is undergoing necessary maintenance and works; failure of electronic communication equipment suddenly occurs; the Acer Gadget site is unable to provide service due to the electronic communication service it has requested having been terminated; the Acer Gadget site is unable to provide service due to force majeure, such as natural disasters, or other factors that are not attributable to Acer Gadget.
1. When carrying out transactions using this Service, members shall follow the mechanism provided by Acer Gadget for confirming quantities and product prices.
2. Members agree that when ordering products using this Service, Acer Gadget reserves the right to refuse the order or cancel the shipping before Acer Gadget confirms the validity of the transaction by notice. After a member sends a purchase order notice to Acer Gadget, the system will automatically send an acceptance notice; however, the acceptance notice is not for order confirmation, and Acer Gadget shall notify the member separately whether or not the transaction is valid. If a condition of the transaction (including but not limited to specification, content instruction, picture and price) of the product or service specified in an order is inaccurate, Acer Gadget may refuse the order within two (2) business days following the placement of the order.
3. If a member, after ordering a product using this Service, requests a return or exchange or cancels the order arbitrarily, or engages in any action that Acer Gadget believes is inappropriate and causes confusion or damage to Acer Gadget’s business, Acer Gadget may refuse the transaction, suspend or cancel the 7-Eleven or Collect Service delivery and payment method, or permanently cancel the member's eligibility as appropriate. If a product ordered by a member: (1) is a pre-ordered product, (2) is out of stock as displayed on the product page, (3) must be transferred from the supplier or (4) is alternatively shipped by the manufacturer, and due an error with respect the features of goods trading, the order becomes invalid because the product is no longer available or because the manufacturer is unable to provide the product successfully for some reason, Acer Gadget shall provide notice in the quickest way (mainly by email, possibly by phone, mail or fax, etc. [TL1]).
4. When conducting transactions using this Service, members may exercise their rights in accordance with the provisions of the Consumer Protection Act.
Limitation of Liability and Disclaimer:
1. The various features provided by this Service are provided for use "as is." Acer Gadget disclaims any implied or express guarantees with regard to their efficiency, speed, completeness, reliability, security, correctness, etc.
2. Acer Gadget provides no guarantee that emails transmitted by the page, server, domain and so on of this Site or the contents thereof are free from computer viruses and other harmful items, and provides no guarantee that the transmission and storage of mails, files or information are correct and free from errors and disconnection, etc.; Acer Gadget shall not be liable for compensation for damage caused by failures, losses, errors or the like in the transmission or storage of each such mails, files or information.
Protection of Intellectual Property Rights:
1. The ownership of the intellectual property rights, including but not limited to trademark rights, patent rights, copyrights, trade secrets and know-how, in the software or programs used by Acer Gadget and all contents on the site, including but not limited to copy, pictures, files, information, materials, site structure, arrangement of site screens and web design shall reside with Acer Gadget or other rights holders. The use, modification, reproduction, public broadcasting, adaptation, distribution, publishing, public release, reverse engineering, decompilation or disassembly by anyone without authorization is not permitted. If members wish to reference or reproduce the aforementioned software, programs or site contents, they must legally obtain prior written consent from Acer Gadget or other rights holders. Members have the obligation to respect intellectual property rights, and in case of a violation, the member shall be liable to Acer Gadget for compensation (including but not limited to litigation costs and attorney fees, etc.).
2. In the principle of respecting the intellectual property rights of others, members agree that they shall not engage in actions that infringe upon the intellectual property rights of others when using the service of Acer Gadget.
3. If a member is involved in an infringement, Acer Gadget may suspend all or part of service or cancel the member's account.
4. In the event that an infringement of intellectual property right is found, the details of the infringement, contact details as well as an accurate description and a statement concerning legal ownership of the intellectual property right shall be submitted to Acer Gadget through the following method: Emailing to AGT.Service@acergadget.com
Authorization that Members Provide to Acer Gadget:
With regard to the information uploaded, transmitted, input or provided by a member, the member agrees that Acer Gadget may, within a reasonable scope, collect, process, store, transfer and use such information to provide users with other information or services, to generate membership statistics, to conduct investigations or research on network events, or for any legitimate purposes. If a member has no legitimate right to authorize others to use, modify, reproduce, publicly broadcast, adapt, distribute, publish, publicly release certain information, and transfer the aforementioned rights to a third party, the member is requested to not upload, transmit, input or provide such information to Acer Gadget without authorization. By uploading, transmitting, inputting or providing any information to Acer Gadget, a member is deemed to have authorized Acer Gadget to use, modify, reproduce, publicly broadcast, adapt, distribute, publish, or publicly release such information unconditionally, and transfer the aforementioned rights to others, to which the member has no objection. Members shall also guarantee that Acer Gadget's use, modification, reproduction, public broadcasting, adaptation, distribution, publishing, public release and transferring of such information do not infringe upon the intellectual property rights of any third party, and otherwise shall be liable for compensation to Acer Gadget (including but not limited to litigation costs and attorney fees, etc.).
As online transactions or activities through the use of this Service may require home delivery service or logistics providers to complete delivery or collection of goods (or gifts, etc.), members agree and authorize Acer Gadget to, based on the requirements and purposes of the online transaction or activity, provide the personal information provided by members and necessary for the delivery (such as name of recipient, delivery address, phone number, etc.) to home delivery service and logistics providers and relevant manufacturing partners to facilitate such delivery or collection of goods (or gifts, etc.).
Rejection or Termination of Use by Members:
Members agree that Acer Gadget may, on the basis of transaction security considerations and due to any reasons that include but are not limited to lack of use or violation of the express provisions and principles of these Terms, terminate their use of the password, account (or any part thereof) or this Service (or any part thereof), or remove and delete any "member contents" under this Service. In addition, members agree that Acer Gadget shall not be liable for breach of contract or compensation to members or any third parties if the use of this Service (or any part thereof) is terminated.
Governing Laws and Court of Jurisdiction:
The interpretation and application of these Terms as well as disagreements or disputes related to these Terms or arising from the transaction conduct between members and Acer Gadget shall be governed by the laws of Taiwan, and the Taipei District Court of Taiwan shall have jurisdiction as the court of first instance unless otherwise specified by law.
These Terms were last updated in October 2022.