Terms of Use
Acceptance of and Compliance with the Terms of Use and Rules
The terms and rules set out below constitute the legal contract between users, buyers, service providers and the iFoodmap platform, and govern the rights and obligations among those parties. If a user, buyer or service provider wishes to use the services provided by the iFoodmap platform, that party is deemed to have agreed to the following terms and rules. If a user, buyer or service provider does not agree to the following terms and rules, that party should not use the services provided by the iFoodmap platform. The iFoodmap platform further reserves the right to update and amend any of the terms and content set out below at any time, and also reserves the right to refuse any user, buyer or service provider access to the iFoodmap platform.
Amendment of the Terms
The iFoodmap platform reserves the sole and unrestricted right to amend these terms and to quote user content at any time and without prior notice. In the event of any amendment to the terms, the iFoodmap platform will publish a notice of amendment on the iFoodmap platform website, or the user, buyer or service provider will receive a message notification from the iFoodmap platform when logging in to their registered account. Amendments take effect seven days after the notice of amendment is published on the iFoodmap platform or the notice of amendment is sent to the user, buyer or service provider, whichever is earlier. If a user, buyer or service provider continues to use the iFoodmap platform after the amendment is published or seven days after receiving such notice, that party is deemed to have agreed to the amendment. A user who does not agree to the amendment will be unable to continue using the iFoodmap platform.
Please read the iFoodmap platform's terms and rules in full, as they set out clear rules governing use of the iFoodmap platform. Different terms and conditions may apply to particular products or service areas on the iFoodmap platform, and users, buyers or service providers may be separately required to agree to and accept such additional terms and conditions or policies. If the terms separately published for such particular products or service areas conflict with the original terms and rules, the separately agreed terms shall prevail.
Article 1: Definitions
- 1. Platform Content: means User Content and iFoodmap Platform Content.
- 2. Content: means text, graphics, images, video, music, software, audio, image files, information or other material, including but not limited to service provider information, service requirements, quotations, correspondence, reviews, booking schedules and calendar information, as well as other information or material provided through the iFoodmap platform.
- 3. iFoodmap Platform: means the iFoodmap website platform, mobile device software, mobile device app, or other applications or software through which the iFoodmap platform provides services or users use the services.
- 4. Buyer: means a user who has registered an iFoodmap platform account and who accepts or requests quotations for service items, or who otherwise uses the services provided by the iFoodmap platform to accept, evaluate, engage or pay for service items provided by a service provider.
- 5. Service Provider: means a user who has registered an iFoodmap platform account and who submits quotations for service items, or who provides service items or collects service item fees through the iFoodmap platform.
- 6. User: means a person who has completed registration of an iFoodmap platform account or who submits or receives service requests through the iFoodmap platform, including but not limited to service providers, buyers and other customer members.
- 7. Service Item: means a service listed, quoted, booked or provided by a service provider, or a service booked, requested or accepted by a buyer through the iFoodmap platform.
- 8. iFoodmap Platform Content: means all content used on the iFoodmap platform, including any text and graphics, and shall include any content licensed from third parties, but excludes User Content.
- 9. User Content: means content submitted, posted, uploaded, published or transmitted by any user of the iFoodmap platform through the iFoodmap platform, including but not limited to provider service information, reviews, photographs, file information, descriptions, postings, reviews and payments made through the iFoodmap platform, but excludes iFoodmap Platform Content and Feedback Content (meaning the content provided under Article 18: User Feedback and Responses).
Article 2: Account Creation
- 1. A buyer or service provider wishing to use the matching services provided by the iFoodmap platform must first apply to register an account on the iFoodmap platform, agree to the terms of use and rules prescribed by the iFoodmap platform, and provide the user information required by the iFoodmap platform at the time of registration so that the iFoodmap platform may build the relevant database for service matching.
- 2. Other than buyers and service providers, users may visit and use the iFoodmap platform without registering an account. However, in order to use certain features of the iFoodmap platform, the iFoodmap platform will require the user to register a password-protected account.
- 3. The user agrees to provide accurate, current and complete information when registering an iFoodmap platform account, in the course of submitting service requirements, and at all other times when using the iFoodmap platform, and to update that information promptly while using the iFoodmap platform so as to keep it accurate, current and complete. The user is solely responsible for maintaining their own iFoodmap platform password. The user is solely responsible for any activity occurring on their iFoodmap platform account, and agrees to notify the iFoodmap platform immediately upon discovering any unauthorized use. The iFoodmap platform is not liable for any loss suffered by any party as a result of unauthorized use of a user's account. In the event of any such unlawful use, the user agrees to bear liability for damages caused to the iFoodmap platform or others by such unauthorized use.
Article 3: Eligibility
The iFoodmap platform permits only persons aged 20 or over to use the services of the iFoodmap platform. When a user, buyer or service provider opens an account on the iFoodmap platform or uses the services provided by the iFoodmap platform, the iFoodmap platform deems that the user, buyer and service provider are aged 20 or over, and the iFoodmap platform is not required to further verify whether they have reached the age of 20. Users, buyers and service providers agree to bear the relevant civil liability in accordance with the Civil Code.
Article 4: Provision of Services
By registering with or using the iFoodmap platform to offer, post or provide service items, service providers represent and warrant that they, and the employees, agents, contractors and subcontractors performing work on their behalf, are suitable and fully qualified, experienced, licensed, certified, bonded and insured. As required by applicable laws or regulations, service providers may provide professional services within the scope of the law, and such services must be relevant to the specific work they are performing.
- 1. The iFoodmap platform is a professional online service intermediary providing users with access to the iFoodmap platform's services over the internet and on any mobile device. Service providers may provide service items to buyers through the iFoodmap platform, and buyers may submit requirements for service items or specify a particular service provider to contact through the iFoodmap platform. The iFoodmap platform only passes buyers' service requirement information to service providers who match those requirements. If a service provider considers that it can provide the service required by the buyer, the service provider may use the information supplied by the iFoodmap platform to submit a quotation, proposal or negotiation for the service item to the buyer. If the buyer agrees to work with the service provider, the service provider will contact the buyer directly to provide the relevant service, and the buyer will separately enter into a contractual relationship with the service provider under the Civil Code and agrees to pay the fees for the service items provided by the service provider. If any dispute subsequently arises, the buyer and the service provider both agree that such dispute under the Civil Code is unrelated to the iFoodmap platform and that they will seek resolution of the dispute themselves.
- 2. All users understand and agree that the iFoodmap platform provides only this online advertising intermediary platform service and does not itself provide any services. Any dispute that arises is a dispute between users, buyers and service providers, is unrelated to the iFoodmap platform, and the iFoodmap platform bears no related liability. Service providers acknowledge and agree that, by registering an account on the iFoodmap platform, they obtain only enquiries from persons interested in receiving service items through use of the iFoodmap platform, including but not limited to being provided with buyer information, sending text messages or arranging work appointments in order to go on to provide professional services. Service providers acknowledge and agree that use of the iFoodmap platform does not guarantee that any iFoodmap platform user will use their service items. The iFoodmap platform likewise does not warrant that a service provider or buyer will be successfully matched within any particular period of time, that a service provider will provide a buyer with a fully satisfactory service, or that a buyer will obtain a fully satisfactory service from a service provider.
- 3. Service providers understand and agree that they are customers of the iFoodmap platform and provide services to buyers solely through the iFoodmap platform, and that service providers are not employees, joint venturers, partners or agents of the iFoodmap platform. Service providers acknowledge that they set or confirm their own prices, use their own equipment and determine their own work schedules, that work-related matters are unrelated to the iFoodmap platform, and that the iFoodmap platform does not warrant or control the quality of the services provided by service providers (including the manner in which service providers provide such services).
- 4. To the extent permitted by applicable law, if a service provider's records, obtained from publicly available and valid reports, include a record of criminal conviction, the iFoodmap platform may restrict, block, suspend, disable or cancel the service provider's account based on the results of such checks. The service provider further agrees and authorizes the iFoodmap platform to use the service provider's relevant information in order to obtain such reports from the service provider's suppliers.
Article 5: Licence to Use the Platform
Subject to compliance with the terms and rules, the iFoodmap platform grants users a limited, non-exclusive, revocable, non-transferable and non-exclusive licence to reproduce or display Platform Content (excluding all software source code), solely for the user's personal and non-commercial use and in connection with the intended use of the iFoodmap platform. Users may not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise create derivative works from the platform or Platform Content, except as expressly permitted elsewhere in the rules and terms. If a user downloads or prints a copy of Platform Content for personal use, the user must retain the copyright and other proprietary notices contained in that printed content.
Article 6: User Content
- 1. The iFoodmap platform may, at its sole discretion, permit users to post, upload, publish, submit or transmit User Content. Where a user provides User Content through the iFoodmap platform, the user thereby grants the iFoodmap platform a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence, with the right to sublicense, use, reproduce, adapt, modify, distribute, license, sell, assign, publicly display, publicly perform, transmit, broadcast, access, view and otherwise exploit and market the User Content; provided that the user's private information and message content will not be used by the iFoodmap platform in public advertising.
- 2. For the avoidance of doubt, the licence granted to the iFoodmap platform in User Content is perpetual and is not affected by termination of the user's registered account. However, nothing in these terms shall be deemed to limit the user's own use and exploitation of the User Content they own, including the right to post, upload, publish, transmit or reduce the User Content they originally owned.
- 3. The iFoodmap platform reserves the right, at any time and without prior notice, for any reason or cause, where there is any possible breach of the terms or other circumstance harmful to the iFoodmap platform or its use, in its sole discretion, to delete User Content or disable access to it.
Article 7: Fees Charged
The fees charged by the iFoodmap platform to users, buyers and service providers are as follows:
- 1. Buyers: the iFoodmap platform does not charge buyers any fee when they submit service requirements through the iFoodmap platform.
- 2. Service providers: when using the iFoodmap platform to submit quotations, service providers agree first to purchase credits from iFoodmap, and the iFoodmap platform collects its fees by deducting a specified number of credits from the service provider's account. Credits do not expire and may be used indefinitely; unused credits may not be resold, but may be transferred, refunded, or refunded in cash on a pro rata basis after deduction of handling fees.
Article 8: Purchase of Credits by Service Providers and Electronic Invoicing
Credits purchased or obtained by a service provider may be used for specified services on the iFoodmap platform, including submitting quotations for service items to buyers (in accordance with the method of using quotation credits set out below). Before credits are deducted, we will transparently inform the service provider of the range of credits required, or the corresponding cash range, for the specific platform feature. Service providers understand that, once iFoodmap platform credits have been purchased, the credits have no cash value and the purchase amount cannot be resold. iFoodmap credits do not expire, but the iFoodmap platform does not guarantee that a service provider will be able to use up its credits within any particular period or that the credits will have any other utility. For enquiries regarding service items and quotation-related fees, please contact customer service.
- 1. Method of using quotation credits: after a buyer submits a service requirement and database matching has been performed, the iFoodmap platform proactively sends the buyer's requirement to service providers matching that requirement. At this stage the iFoodmap platform has not yet provided the buyer's telephone number, email address or other contact details to the provider, and accordingly the iFoodmap platform has not yet deducted the credits required for that service requirement from the service provider's account. Once the service provider has evaluated the requirement and is willing to submit a quotation to that buyer, and has notified the iFoodmap platform accordingly, the iFoodmap platform will send the service provider's quotation notice to the buyer and at the same time provide the buyer's contact details (at minimum an email address; a telephone number is not required) to the provider. At the time the iFoodmap platform sends the quotation, it will deduct the credits required for that service requirement directly from the service provider's account. Subsequently, once the buyer has opened and read the quotation message sent by the iFoodmap platform, the iFoodmap platform will send a read confirmation to the service provider. However, if the buyer does not open and read the quotation message within 48 hours of receiving it from the iFoodmap platform, the iFoodmap platform will proactively return the deducted credits to the service provider's account within fourteen (14) working days.
- 2. Payment methods for purchasing credits: for market payment processing services for service providers, the iFoodmap platform currently uses the following payment methods: DBS Bank (providing domestic credit card payment and virtual bank account functionality for payment by physical or online ATM transfer), among others. Service providers agree that, when using any of the above payment methods, they are bound by the terms agreed for that payment method. Service providers further agree to provide the iFoodmap platform with accurate and complete information regarding the service provider's business, and authorize the iFoodmap platform to use this information and payment-related information such as transaction records. The iFoodmap platform reserves the right to change payment methods; where a payment method is to be changed, the iFoodmap platform will implement the change three days after publishing notice on the website.
- 3. Electronic invoices: regardless of the tool or method used to pay for or deduct the purchase of iFoodmap credits, the iFoodmap platform will issue an electronic invoice to the payer in compliance with applicable local law. The iFoodmap platform issues electronic invoices through the Ministry of Finance E-Invoice Platform, and after purchase the user will receive an electronic invoice notification; iFoodmap will no longer send paper invoices. The user agrees that the iFoodmap platform may provide the relevant payment information to the Ministry of Finance E-Invoice Platform in order to facilitate issuance of the electronic invoice, and likewise agrees to comply with the relevant terms of the Ministry of Finance E-Invoice Platform.
Article 9: Credit Card and Overseas Transaction Fees
Although credits purchased by service providers from the iFoodmap platform are priced in New Taiwan dollars, because the iFoodmap platform is a company registered in the Republic of China, where a service provider purchases credits using a credit card or from overseas, in addition to paying the iFoodmap platform's fees, if the service provider elects to pay by international credit card or to purchase credits by cross-border remittance, the credit card company or bank will treat the transaction as an overseas transaction and will charge the corresponding overseas transaction or cross-border transfer fee. The fees charged differ between credit card companies and banks; please contact the credit card company or bank making the payment directly to confirm.
Article 10: Warranties and Representations
- 1. Users undertake that the information they provide to the iFoodmap platform is accurate and correct, including but not limited to their name, telephone number, address and email address. If a user provides incorrect information and thereby causes direct or indirect loss to the iFoodmap platform, the user agrees to bear that loss and the related costs arising from it.
- 2. All users of the iFoodmap platform agree to bear their own risk. The iFoodmap platform does not warrant or guarantee the accuracy of information provided by users, service providers or buyers, and where any inaccuracy of information occurs, the iFoodmap platform bears no liability for damages.
- 3. Every user warrants that all information they provide to the iFoodmap platform is true and free from fraud, falsity, misleading statements, exaggeration or any breach of law or public order and good morals. If a misrepresentation causes loss to either the user or the iFoodmap platform, the party making the misrepresentation agrees to bear the related liability for damages, and the iFoodmap platform is released from any liability for damages.
- 4. Users warrant that they are responsible for the User Content provided on or through the iFoodmap platform. Users represent and warrant that: (1) the user is the sole and exclusive owner of all User Content and has the right to provide it for use by the iFoodmap platform, or the user holds all the rights, licences, consents and releases required to make the grant to iFoodmap; (2) neither the User Content, nor the user's use, uploading, publication, submission or transmission of the User Content (or any part of it) through the iFoodmap platform, infringes, misappropriates or violates any third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or results in a breach of any applicable law or regulation; and (3) the iFoodmap platform may proofread, compile or otherwise edit or withdraw User Content, and the user shall ensure that such edited content is accurate and that the user complies with the representations and warranties agreed in the terms and rules.
- 5. If there is any concern that advertisements, service information, quotations or other content provided by a service provider on the iFoodmap platform breaches the laws of the Republic of China, the iFoodmap platform may remove that content directly without the service provider's consent, and the service provider may raise no objection.
- 6. Users agree that, if the iFoodmap platform finds that content posted by any user on the iFoodmap platform is abusive, harmful, unlawful, racially discriminatory, obscene, sexually harassing, disparaging of the iFoodmap platform or manifestly fabricated, the iFoodmap platform may edit, adjust or delete it at its discretion without obtaining the user's consent.
- 7. The user agrees to indemnify and defend the iFoodmap platform and its shareholders, subsidiaries, affiliates, directors, managers, agents, co-branding partners or other business partners and employees, and to hold them harmless from any claims, actions, proceedings and litigation, and all related liabilities, damages, liquidated damages, fines, costs and expenses (including but not limited to other dispute resolution costs) caused by or related to the following matters attributable to the user: (1) the user's breach or violation of any provision of these terms of service, or of any policy or guideline referred to in these terms of service; (2) the user's use or misuse of the services; and (3) the user's breach of law or infringement of any third party's rights. The user further agrees to use the services for lawful purposes and to comply with these terms of service and all applicable laws, regulations, codes, directives, guidelines, policies and standards.
- 8. Service providers shall warrant that the services they provide and the qualifications of the personnel providing those services comply in all respects with the laws and regulations of the Government of the Republic of China, and service providers shall hold any government approvals or other relevant documentation required by law. Where any breach of the laws and regulations of the Republic of China causes the iFoodmap platform to be subject to an administrative fine or other legal sanction, the service provider agrees to be unconditionally responsible for all resulting legal liability and to bear the related liability for damages.
- 9. Disclaimer regarding professionals: the iFoodmap platform has taken corresponding measures to verify the licences of persons providing professional services as far as possible; however, where such a person provides false information and the iFoodmap platform consequently passes that information to buyers, the iFoodmap platform cannot undertake or confirm the accuracy of that information or bear the related liability. Accordingly, when a buyer submits a requirement for a professional service, the buyer agrees that, upon accepting a service provider's quotation and before confirming acceptance of the service, the buyer will itself request the relevant licences from the service provider. If a buyer fails to confirm the relevant licences with the service provider and thereby suffers loss, the buyer agrees that the iFoodmap platform bears no liability.
Article 11: Personal Data Protection
- 1. Users acknowledge and agree that any personal data entered when using the iFoodmap platform may be freely used by iFoodmap after collection and provided to relevant service providers, without further consent from the user.
- 2. Service providers acknowledge and understand that the users' personal data provided by the iFoodmap platform is collected, processed and used in the name of the iFoodmap platform, and that service providers may use the personal data provided by the iFoodmap platform only within the scope necessary to provide their services, and may not use it for any marketing or other use of personal data directed at users.
- 3. Service providers must comply with the Personal Data Protection Act and related laws and regulations, and shall adopt appropriate security measures in respect of users' personal data provided by the iFoodmap platform so as to avoid causing any loss to buyers.
- 4. If a service provider breaches the Personal Data Protection Act or related laws and regulations, or breaches any provision of this agreement, and a personal data dispute thereby arises, the service provider shall immediately notify the iFoodmap platform and handle the matter in accordance with the iFoodmap platform's instructions. The service provider agrees to bear the related legal liability itself and, where the iFoodmap platform suffers loss as a result, shall compensate the iFoodmap platform for that loss.
Article 12: Confidentiality Obligations
- 1. Information provided by the iFoodmap platform and held by a service provider in the course of performing this agreement, including but not limited to the contents of this agreement, users' personal data or other information not publicly disclosed, shall be kept confidential with the care of a good administrator. Except as used in accordance with this agreement, the service provider may not use such undisclosed information itself or disclose it to any third party without the prior written consent of the iFoodmap platform. Where a service provider discloses such information to employees, consultants or third parties it considers necessary, it shall ensure that those recipients are subject to confidentiality obligations equivalent to those in this agreement.
- 2. The confidentiality provisions remain in effect notwithstanding the rescission, termination or expiry of this agreement, until the confidential information loses its confidential nature for reasons not attributable to the service provider. The iFoodmap platform may at any time, by written notice, require the service provider to delete or return that confidential information.
Article 13: Prohibited Conduct
As a user of iFoodmap, the user agrees not to engage in any of the following:
- 1. Using another person's account, misrepresenting oneself or the service items offered through the iFoodmap platform, falsely representing identity or qualifications, misrepresenting the project or other information in the course of submitting a requirement or quotation, or posting service items in an inappropriate category on the iFoodmap platform.
- 2. Using any automated system, including but not limited to robots, offline readers and similar tools, to access the iFoodmap platform without the prior written approval of the iFoodmap platform; provided that, where the operator of a public search engine is building a publicly searchable index of material, the iFoodmap platform agrees that robots may be used to copy information on the iFoodmap platform, but such material may not be archived, and the iFoodmap platform reserves the right to revoke these exceptions generally or in particular cases.
- 3. Copying copyright-protected content by any manual or automated means, or otherwise misusing or misappropriating the iFoodmap platform's information or content, including but not limited to use on similar, competing or third-party websites.
- 4. Submitting, within a given period of time, an excessive number of unreasonable requests on the iFoodmap platform, or requests that are manifestly not made by an ordinary browser or by a human.
- 5. Taking any action that may unreasonably damage the iFoodmap platform's infrastructure, for example: (1) interfering or attempting to interfere with the normal operation of the iFoodmap platform or of third parties; (2) attempting to avoid or circumvent measures used to prevent or limit access to the iFoodmap platform; (3) circumventing, disabling or otherwise interfering with the security features of the iFoodmap platform; (4) distributing viruses or any other technology that may damage the iFoodmap platform; or (5) using the iFoodmap platform in a way that infringes any copyright, trade secret or other right of any party or third party, including rights of privacy or publicity.
- 6. In the case of a service provider, circumventing in any way the obligation to pay the iFoodmap platform for the purchase of credits.
- 7. Collecting personally identifiable information from the iFoodmap platform, including but not limited to names or other account information, or using the communication systems provided by the iFoodmap platform for purposes other than those agreed in the terms, including for commercial solicitation, recruitment or advertising purposes.
- 8. Engaging in solicitation or recruitment of service providers or buyers for employment or hiring purposes, or for any use inconsistent with the purpose of the iFoodmap platform.
- 9. Taking any inappropriate or unlawful action, including submitting inappropriate or unlawful content through the iFoodmap platform, including content that is harassing, hateful, unlawful, profane, obscene, defamatory, threatening or discriminatory, or that advocates, promotes or encourages inappropriate activity, where such conduct may be regarded as a criminal offence, give rise to civil liability, or breach any law.
- 10. Breaching any of the iFoodmap platform's rules concerning use of the iFoodmap platform or governing the relationship between the iFoodmap platform and users.
- 11. Advertising or soliciting service items that the iFoodmap platform does not offer or that are inconsistent with its purpose, including but not limited to: (1) any service item that does not fall within a supported service category or that offers only the sale of products; (2) offering directories or referrals; (3) offering loans; (4) offering space for rent; (5) engaging in competition with the iFoodmap platform's business; (6) promoting or offering pyramid schemes, spam or unsolicited commercial content; or (7) offering unlawful service items.
- 12. Engaging in any conduct that may impair the validity or accuracy of reviews, ratings, evaluations or systems.
- 13. A service provider failing to perform a service item as promised, unless the buyer has failed materially to perform the service agreement and terms agreed between the parties, has refused payment, an obvious error has occurred, or the service provider is unable to verify the customer's identity.
- 14. Engaging in fraudulent conduct.
- 15. Purchasing a service item without meeting the buyer eligibility requirements.
- 16. Carrying out any activity or engaging in any conduct inconsistent with the business or purpose of the iFoodmap platform.
- 17. Submitting a pre-order, request, negotiation or service item requirement without a genuine requirement or without the intention to pay.
Article 14: Special Provisions
If the iFoodmap platform discovers that an account registered by a service provider or buyer may have been registered by a competitor and that, in using the intermediary services provided by the iFoodmap platform, that account engages in any conduct that may affect the iFoodmap platform's business operations, the iFoodmap platform may, without the consent of the account holder, suspend the account and terminate the legal contract established between the service provider or buyer and the iFoodmap platform. If unused credits remain in that registered account, the iFoodmap platform agrees to refund the corresponding amount in proportion to the remaining credits, based on the fees the account holder paid to purchase the credits.
Article 15: Intellectual Property Rights
All text, graphics, editorial content, charts, designs, photographs, images, typefaces and other content on the iFoodmap platform website that buyers or service providers may view and use belongs to the iFoodmap platform and is protected by the relevant laws and regulations of the Republic of China. Buyers and service providers may not reproduce it or engage in any conduct in breach of the Copyright Act or the Trademark Act without the prior written consent of the iFoodmap platform.
Article 16: Disclaimers
- 1. Users, buyers and service providers agree to bear the risks associated with using the professional services of the iFoodmap platform themselves, to the maximum extent permitted by law. The iFoodmap platform provides its services based on the information supplied by users, and makes no express, implied or statutory warranty, claim or representation in respect of the services, including but not limited to warranties of quality, performance, truthfulness, accuracy, completeness, non-infringement or fitness for a particular purpose, or warranties arising from trade usage in the course of dealing. Without limiting the foregoing, and to the maximum extent permitted by law, the iFoodmap platform does not warrant that the services, the website or the features contained in them will be provided, or that such services, website or features will at all times be verifiable, uninterrupted, timely, secure, reliable, correct, complete or error-free. The iFoodmap platform is likewise not responsible for any defamation or unlawful conduct by any third party, or for any loss suffered as a result of any data, information or material used through the iFoodmap platform. In addition, the iFoodmap platform does not warrant the accuracy of any advice or information on the website platform, whether oral or in writing.
- 2. Users, buyers and service providers acknowledge and agree that the iFoodmap platform has no obligation to, and reserves the right without any reason to: (1) monitor or review User Content; and (2) for purposes permitted by law, carry out identity verification, licence checks, criminal background checks and sex offender registry checks on users, including but not limited to service providers and buyers.
- 3. Users bear sole responsibility for all communications and interactions with other users of the iFoodmap platform, including but not limited to any service provider, buyer or member associated with a service provider. Users understand that the iFoodmap platform does not guarantee that it will verify, review or check any statement or content of iFoodmap platform users. The iFoodmap platform makes no representation or warranty as to the conduct of users or their compatibility with any current or future users of the iFoodmap platform. Users agree to take reasonable precautions in all communications and interactions with other users of the iFoodmap platform, particularly where the user decides to go offline or to meet in person in order to provide or receive professional services. The iFoodmap platform is not responsible for any liability arising from the acts or omissions of any user or third party.
- 4. The iFoodmap platform bears no liability for damages (whether based on contractual liability, tort liability, product liability or any other legal basis) for any risk arising from, or any indirect, incidental, special or consequential loss caused by, the use of or inability to use this website or the services, regardless of whether the iFoodmap platform has been advised of the possibility of such loss. Even where the limited remedies described in the terms fail of their essential purpose, the iFoodmap platform shall also be released from liability for: (1) any incidental, special or consequential damages, including loss of profits, loss of data or loss of goodwill; (2) service interruption, computer damage or system failure; (3) the cost of substitute goods or services; (4) any damages arising from personal or bodily injury or emotional distress related to or connected with these terms; (5) the use of or inability to use the platform, the professional services or the Platform Content; or (6) contact with, or access to, any other user of the iFoodmap platform or any other person communicated or interacted with as a result of using the iFoodmap platform.
Article 17: Matters Not Undertaken by the iFoodmap Platform
The iFoodmap platform is not a party to any agreement formed between service providers, users or third parties. Neither the terms and rules established by the iFoodmap platform nor any part of the iFoodmap Platform Content, including but not limited to any programme or other service, creates any agency, partnership, joint venture or employment relationship between the iFoodmap platform and users, buyers or service providers. No member or user of the iFoodmap platform may direct or control the day-to-day activities of another party, or assume any obligation on behalf of another party. Although the terms and rules require users to provide accurate information, and although the iFoodmap platform may carry out additional checks and tests to verify or examine a user's identity or background, the iFoodmap platform does not confirm or endorse any user or their claimed identity or background, regardless of the service items they use.
Any reference on the iFoodmap platform to a user being licensed or trusted in some manner indicates only that the user has completed the relevant account process or met the user review criteria, and does not represent the correctness or truthfulness of any other content, nor does it impose any additional obligation of performance on the iFoodmap platform. No such description constitutes certification or a warranty by the iFoodmap platform, nor does it mean that the iFoodmap platform has verified the user's identity or formed any belief as to whether a service provider's service items are licensed, insured, trustworthy, safe or suitable. Any such information is provided solely to assist users in evaluating a service provider's identity and suitability when seeking professional services through the iFoodmap platform.
Article 18: User Feedback and Responses
In respect of any feedback, comments, questions or suggestions regarding the iFoodmap platform's services (collectively, "Feedback Content"), the user warrants that: (1) the user has the right to disclose the relevant Feedback Content; (2) the Feedback Content does not infringe the rights of any other person or entity; and (3) the Feedback Content does not contain any confidential or proprietary information of any third party or any party.
By submitting any Feedback Content, the user further: (1) agrees that the iFoodmap platform has no express or implied obligation of confidentiality in respect of the Feedback Content; (2) grants the iFoodmap platform an irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback Content; and (3) agrees to waive any claim of moral rights against the iFoodmap platform and other users in respect of the Feedback Content.
Article 19: Handling of Breaches of the Terms
Without limiting any other rights reserved herein, if a user breaches the policies or the terms and rules established by the iFoodmap platform, the iFoodmap platform may at its sole discretion take any action permitted by law, including but not limited to deleting posted User Content, restricting the user's access to their registered account on the iFoodmap platform, terminating the user's account, restricting the user's permissions, and cooperating with judicial authorities in investigations or prosecutions.
Article 20: Suspension or Termination of Accounts
The user agrees that the iFoodmap platform may, at its sole discretion, with or without cause and with or without prior notice, at any time decide to restrict, block, suspend, disable or cancel all or part of the user's registered account. Further, if a user breaches the iFoodmap platform's terms and rules, the iFoodmap platform may take any or all of the following actions without prior notice or explanation: (1) the user's registered account will be disabled or suspended and the account password will be deactivated, the user will be unable to log in to the iFoodmap platform, and User Content may also be removed; (2) in certain circumstances, the iFoodmap platform may notify other users that the account has been terminated, blocked, suspended, disabled or cancelled, and the reasons for taking that action; (3) buyers agree that they have no right to cancel or delay payment of service fees to a service provider by reason of account termination; and (4) the iFoodmap platform will not compensate a service provider for any loss caused by account termination, including loss from cancelled or delayed service items. Users may cease using the iFoodmap platform or terminate their registered account at any time. To terminate an account, please contact customer service.
Please note, however, that after an account is cancelled or terminated we have no obligation to delete any content posted by the user to the iFoodmap platform, including but not limited to any reviews. The iFoodmap platform also expects users to respect the intellectual property laws and regulations of the Republic of China, and where appropriate, once a user's account infringes or is considered to infringe another person's intellectual property rights, the iFoodmap platform will terminate that user's account.
Article 21: Disputes Between Users
The iFoodmap platform values all of its users; however, disputes between users are inevitable. Because the iFoodmap platform does not itself provide any service items, users agree that, where any dispute arises in respect of service items provided by a service provider, the users may seek resolution directly between themselves by bringing mediation or litigation before the court with jurisdiction over the dispute in accordance with the laws of the Republic of China. All users acknowledge and agree that the iFoodmap platform acts solely as a provider of information in dispute resolution cases and is not a party to such cases, and accordingly the iFoodmap platform has no obligation to participate in such dispute resolution cases or to assist in resolving the dispute.
Article 22: Governing Law and Jurisdiction
In respect of the interpretation and application of the terms of service of this agreement, if either party becomes involved in a legal issue giving rise to a dispute or controversy with iFoodmap, the user agrees that the Taiwan Taoyuan District Court shall be the court of first instance having jurisdiction, and that the matter shall be interpreted and handled in accordance with the laws of the Republic of China.
Article 23: Other Agreed Provisions
- 1. Force majeure: except for payment obligations, neither the iFoodmap platform nor the user shall be liable to the other for any delay or failure arising from causes beyond its control. Such causes include but are not limited to fire, flood, earthquake, strike, declared or undeclared war, or national disaster.
- 2. Entire agreement: any other legal notice or additional terms or policies published by the iFoodmap platform shall form the entire agreement between the user and the iFoodmap platform concerning use of the iFoodmap platform. Except as expressly stated in this article, if a court of competent jurisdiction holds any provision of these terms to be invalid, that invalidity shall not affect the validity of the remaining provisions.
- 3. Waiver: any waiver of a right shall not be deemed a further or continuing waiver of any other right. Further, where the iFoodmap platform does not assert a right under any provision, that right shall not be deemed waived.
- 4. Contact information: if a user has any questions about the above terms or the services provided by the iFoodmap platform, please contact customer service.