After-Hours Trading Information Online Subscription Terms

The Terms aim to safeguard the rights and interests of the Taipei Exchange of the Republic of China (hereinafter referred to as “TPEx”) and all subscribers of after-hours trading information at TPEx (hereinafter referred to as “the subscriber”). The subscriber shall read the following terms in detail. The subscriber shall fully understand and agree to abide by all the terms before proceeding with the subscription process at the trading information store of TPEx; the subscriber shall check "Agree" on the web page of the trading information store of TPEx to agree to the conditions of the Terms:

1. Authenticity and Security of Data:
   1. The subscriber guarantees that the identity information provided is consistent with the facts. If the subscriber is a natural person, they shall be of adult age and have legal capacity and may not engage in such a subscription on behalf of others. TPEx may retain relevant information and use the information left by the subscriber as the basis for identification.
   2. The trading information store of TPEx has adopted a safe trading mode for the subscription. TPEx shall be obligated to keep confidential the information left by the subscriber and will not arbitrarily disclose or provide it to a third party.
   3. In any of the following circumstances, the subscriber agrees that TPEx has the right to access or provide their information to relevant authorities or a third party who claims that its rights have been infringed and who has provided appropriate proof:
      • in accordance with the applicable laws and regulations or an order of any judicial or other competent authority
      • in order to enforce the Terms or violation of the Terms by the subscriber.
      • for the purpose of maintaining the normal functioning and security of the TPEx system, or
      • to protect the legitimate rights and interests of other subscribers of TPEx or third parties.
   4. Intellectual Property Rights:

TPEx owns copyrights, trademarks, trade secrets, databases, and other related intellectual property rights for information products and all contents on this website, including but not limited to texts, graphics, program screens and data editing.

1. Subscription:
   1. The subscriber places an order with TPEx after being fully informed of and agreeing to abide by the Terms; if the information provided by the subscriber (such as email, address or phone number) changes, it shall immediately update the information retained by the trading information store of TPEx. The subscriber shall not deny the subscription or refuse to pay on the grounds that the information is inconsistent.
   2. TPEx reserves the right to agree to the subscription and does not guarantee that the content of an information product can be used for specific purposes.
   3. The subscriber understands and agrees that due to the special nature of the products provided by TPEx, the products cannot be returned or exchanged or the subscription cannot be canceled after being transmitted by TPEx.
   4. The subscriber agrees that all transactions made shall be based on TPEx’s transaction information recorded electronically. The subscriber shall check the transaction-related information immediately after a transaction is completed. If TPEx’s transaction information record is found to be incorrect, the subscriber shall immediately notify TPEx, to clarify the issue by both parties. If there is still a dispute, the subscriber agrees that TPEx’s transaction information shall prevail.
   5. Automatic renewal plan: The first day of the month following the day the subscriber places the order in the trading information store of TPEx is the start date of subscription. The subscription period is calculated by the month. Before the subscriber terminates the subscription in accordance with the Terms, the subscription shall be automatically renewed for another month.
2. Payment:
   1. The subscriber agrees to subscribe to information products according to the prices shown in the price list of the trading information store of TPEx and to pay the fees according to the payment methods specified by the trading information store of TPEx.
   2. Unless otherwise agreed in the Terms or otherwise stipulated by law, TPEx may not refund the fees paid by the subscriber.
3. Use Restrictions:
   1. When the subscriber subscribes to a product from the trading information store of TPEx, if it is for internal use, the information product shall be only for the subscriber's internal use and may not be disclosed to the public or used for other purposes. If the subscriber is a juridical person or a group, its internal users are limited to directors, supervisors, managerial officers or employees.
   2. When the subscriber subscribes to a product for external use from the trading information store of TPEx, or has obtained a written authorization and consent of TPEx to transmit the information content of the information product subscribed to its information users, in addition to following the instructions of TPEx that it shall disclose "Information source: TPEx," it shall ensure that its information users will not transmit such information to third parties; otherwise, the subscriber shall notify TPEx immediately and terminate the contract with its information users at the same time.
   3. Without a written authorization and consent of TPEx, the subscriber may not reproduce, transmit, or distribute the information content of the products subscribed to a third party in any form, nor may the said products be separately sampled to build indices or other derivatives. Any violator will be prosecuted by TPEx in accordance with the law.
   4. The subscriber shall guarantee that its internal users or its information users will abide by the Terms. If the subscriber's internal users or its information users violate any of the Terms, it shall be deemed that the subscriber has violated the Terms.
   5. Unless the court of jurisdiction finally determines that TPEx has committed fraud or an intentional crime, the subscriber agrees to indemnify, defend and ensure that the representatives, management and employees of TPEx are free from any claims, damages, expenses or losses claimed against TPEx by the subscriber's internal users or information users, including but not limited to attorney fees and proceeding expenses. If there is any violation, the subscriber shall be jointly and severally liable for all losses and expenses (including but not limited to attorney fees and proceeding fees) caused to TPEx by its internal users or information users.
4. Liability:
   1. In order to receive or download the information products subscribed to, the subscriber shall have in place the relevant software and hardware equipment required. If the equipment cannot receive or download information products due to incompatibility or malfunction, it shall immediately notify TPEx and cooperate with TPEx's assistance or instructions to make adjustments; however, the subscriber shall not cancel the subscription due to the inability to receive or download such products.
   2. If an information product subscribed to by the subscriber needs to be changed by TPEx due to amendments to laws or in accordance with orders from judicial authorities or other competent authorities, the subscriber shall agree to receive or download the changed product content from TPEx.
   3. TPEx does not guarantee the accuracy and completeness of the information contained in information products and shall not be responsible for any damages for any losses caused by the use of the information by the subscriber (including damage suffered and profits lost).
   4. TPEx shall not be liable for damages, including actual damages and lost profits, resulting from the interruption, delay, or omission in the transmission of information products due to power or network interruption, computer or system failure or other force majeure events.
   5. Unless the court of jurisdiction finally determines that TPEx has committed fraud or an intentional crime, when the subscriber suffers damage due to other reasons attributable to TPEx, TPEx’s total damages shall be limited to one month of fee of the subscription of relevant products by the subscriber.
5. Termination:
   1. If the subscriber of an automatic renewal plan wants to terminate the subscription, it shall terminate the subscription in the trading information store of TPEx before the 25th of each month (not including the 25th) and the end of the month shall be regarded as the end date of subscription. If the subscription is terminated after the 25th of each month (including the 25th), the fee for the next month shall still be charged and the end of the subscription will be the last day of the next month. However, if the subscriber subscribes to the automatic renewal plan before the 25th of the same month (excluding the 25th) and then terminates the subscription, the subscription period will be regarded as one month and the end of the next month will be regarded as the end date of the subscription.
   2. If the subscriber violates the Terms, TPEx may notify the subscriber by email or in writing based on its information retained to suspend, terminate or revoke any of its rights under the Terms. The subscriber is also willing to pay punitive damages of NT$200,000 to TPEx.
   3. If TPEx provides any discount to the subscriber due to expediency, it will not be deemed to have modified or changed any content of the Terms; if TPEx fails to exercise a right under the Terms, it will not be deemed to have waived that right or affected other rights.
   4. TPEx may terminate the trading information store’s transactions in whole or in part due to amendments to law, policy changes, business needs, or other reasons that cannot be attributable to TPEx. The subscriber agrees that TPEx may immediately terminate the Terms upon notifying the subscriber without being not liable for damages to the subscriber or any third party and that TPEx will refund the payment by the subscriber for a product not yet received or downloaded on a pro-rata basis without interest accrued.
6. Transfer:

The rights obtained by the subscriber due to the subscription may not be transferred to a third party without the consent of TPEx.

1. Modification of Terms:

TPEx reserves the right to modify the Terms at any time. The modified terms will be published on TPEx’s website and announced in the trading information store of TPEx and the subscriber will be notified by email according to its email retained by the trading information store of TPEx. If the subscriber does not express an objection in a method specified by the TPEx within three business days after a notice is delivered, it will be deemed that the subscriber has agreed to abide by the modified terms, and the subscriber shall not refuse to comply with the modified terms on the grounds that it has not received a notice. If the subscriber expresses an objection in the specified method within the aforementioned period, the modified terms will be deemed to be terminated. In this case, TPEx shall refund the payment by the subscriber for a product not yet received or downloaded on a pro-rata basis without interest accrued.

1. Governing Law and Jurisdiction:
   1. The subscriber shall agree that the Terms and all subscriptions or transactions conducted shall be governed by the laws of the Republic of China. If any part of the Terms is deemed invalid or unenforceable by the competent authority or court, the subscriber agrees that the other parts shall remain in effect and will not be affected.
   2. Any doubts, disputes or disputes arising out of or in connection with all subscriptions or transactions between both parties regarding the Terms shall be addressed in good faith. If it is necessary to file a lawsuit, both parties agree that the Taiwan Taipei District Court shall be the competent court of first instance.
   3. The Chinese version of the Terms shall prevail. In the event of any discrepancy or conflict between the Chinese and the English versions, the Chinese version shall prevail.

Notice: TPEx will not transmit your information to third parties. TPEx collects, processes or uses your personal data, while respecting your rights and interests and doing so in good faith and in accordance with the following principles.

1. TPEx will only request you to provide the personal data necessary for the execution of the subscription to "after-hours trading data" and the "Agreement on Terms of Subscription of After-Hours Trading Data” from the trading information store of TPEx, including the applicant's name, phone number and email for the specific purpose of information (communication) services. Otherwise, TPEx will not provide such personal data to any third party or use it for other purposes.
2. Your personal data that TPEx uses for the purpose of providing services will be processed in the following ways:

2.1The personal data established by the trading information store of TPEx will be retained as electronic data until one year after the termination of business operations related to the use of securities trading information.

2.2   If you need to learn more about the details of the processing or use of your personal data, you are more than welcome to contact us.

3. You can exercise your rights as a data subject specified in Article 3 of the Personal Data Protection Act through our website, by phone, or by visiting TPEx, including the rights to make an inquiry of and to review your personal data, to request a copy of your personal data, to supplement, correct, or erase your personal data, and to demand the cessation of the collection, processing, or use of your personal data. If you need to contact us by phone, please call our TPEx’s hotline at 02-23699555.
4. If you fail to or cannot provide the aforesaid basic personal data, TPEx will not be able to provide the subsequent services to you.