1. Terms of acknowledgment and acceptance
I. Organic Agricultural Product Certification Auditor Online Training Platform (the Platform) provides its services (the Services) (https://eot-aotp.oapc.org.tw) to members in accordance with the following Terms and Conditions. When a member completes registration or begins using the Services, the member will be seen as fully acknowledging, accepting, and agreeing to all relevant provisions including the Member Service Terms and Conditions, Privacy Protection Policy, Data Security Policy, and all relevant rules (collectively referred to as the Terms, Policies, and Rules), and fully accepting current and future derived services and contents of this Service. This Platform has the right to revise the Terms, Policies, and Rules at any time, and the revised Terms, Policies, and Rules will enter into effect upon announcement on the website. Since members will not be notified of such revisions individually, members are responsible to be attentive to any revisions and changes. If a member keeps using the Services after a revision or change, the member will be seen as acknowledging, accepting, and agreeing to the revision and change. If somehow you do not agree to the above terms on the Service Terms' revision and change or you do not agree to any provisions of the Terms, you must immediately stop using the Services.
II. If a member is a legal minor, the registration shall be completed after the member's legal representative has read, accepted, and agreed to the Terms, Policies, and Rules as well as the Terms on their revision. When a minor member registers, uses, or keeps using this Platform, the member's legal representative will be seen as having read, accepted, and agreed to the Terms, Policies, and Rules as well as the Terms on their revision.
III. Members and the Platform agree to use electronic documents as a means for declaration of intention concerning the Services.
2. Members' obligations for registration
To continue using the Services, the member agrees to:
- Fill out the registration form with the true and latest personal information of himself/herself. Registering with the name of a third party is prohibited. Each person is entitled to only one member account, and therefore repeat registration is prohibited.
- Maintain and update the personal information on file and ensure its accuracy, to obtain the optimal service.
- If the member provides false or inaccurate information, registers with the name of a third party, fails to provide data, provides insufficient data, or engages in repeat registration, the Platform has the right to suspend or terminate that member's account without prior notice while rejecting that member from using part or the entirety of the Services.
3. Personal data and privacy protection policies
I. Personal data collected can be used by the Platform for training, member management, identity confirmation, and other relevant purposes, exemplified below: :
- a. For display on the webpage when a member logs in to the Platform to use its services.
- b. For online training and tests: When a member engages in online training or tests, the Platform will use his/her personal information on planning, processing payments, responding to member inquiries, or other activities necessary for holding the online training or tests.
- c. For responding to inquiries when a member contacts the Platform with an issue via email, telephone, or other direct or indirect means of contact.
- d. Other derived activities: For fulfilling the purposes listed in a.-c. that are essential to the Platform's other services.
II. Except those stipulated in the Terms and Conditions, other matters concerning personal information and privacy protection are subject to the Platform's "
Privacy Protection Policy".
III. Members acknowledge and agree that the Platform provides certification bodies with members' personal information that can be used to search from the list of members qualified in tests, including members' family names, email addresses, locations of residence, and the dates of the latest tests. The application is limited to searching for qualified members and their means of contact. If certification bodies attempt to collect, process, or use other personal information from members, the Platform is in no way involved, and it is at the member's own discretion to provide such information.
IV. Certification bodies must abide by the Personal Data Protection Act, Cyber Security Management Act, and
Terms and Conditions for Certification Bodies' Use of Personal Information. But the Platform cannot guarantee their compliance. For more information, please refer to each certification body or the relevant Acts and Terms and Conditions for Certification Bodies' Use of Personal Information.
V. Members acknowledge and agree that if the information for member registration is not provided or provided insufficiently or falsely, the member may not access the entirety or part of the Platform's services.
4. Members' accounts, passwords, and their security
I. Upon completing registration with the Platform, the member will be sent a unique password and account number. Keeping the password and account number safe is members' obligation. As long as a login is accompanied by a correct account number and password on an approved platform, it will be seen as being performed by the member in person, regardless of the actual occurrences, and all operations in that login session are also fully responsible by that member.
II. Members agree to:
- Once the password or account is hijacked, stolen, or subject to any security risks, the member must inform the Platform at once.
- Once a login session has finished, the member must log out and terminate the session.
- The account number, password, and member privileges are for the member's personal use and possession. A member must in no way sell, borrow, transfer, or share the account with others.
- When an account and password are hijacked, improperly used, or falsely used by others, the Platform is not liable for damages incurred unless there is evidence proving the Platform's liability.
- If the Platform finds that an account and password are falsely used by others, the Platform has the right to suspend or terminate that account without prior notice (including voiding the transactions on that account).
5. Protection of children and teenagers
To ensure the safe use of the internet by children and teenagers and avoid privacy rights infringement, the legal representative of minors must accompany that person throughout the use of the Platform's services. It is also at the discretion of the legal representative whether the person under his/her guardian can use the Platform.
6. Members' legal obligations and commitments
Members agree not to use the Platform's services for illegal purposes or in an illegal manner and are committed to abiding by the laws of the Republic of China (Taiwan) and the laws of their residence/country as well as international norms on internet use, and the Terms, Policies, and Rules of this Platform. Members agree and guarantee not to use the Platform to infringe the rights of others or conduct illegal activities, including but not limited to:
- Breaking laws or violating the Terms, Policies, and Rules of this Platform.
- Publishing or transmitting any texts, pictures, or other forms of files that are defaming, insulting, threatening, hostile, indecent, obscene, false, in violation of public order or morality, or illegal.
- Infringing or damaging the Platform itself or the fame, privacy rights, trade secrets, trademark rights, copyrights, patent rights, or other intellectual property rights and legal rights of others.
- Violating legal or contractual confidentiality.
- Falsely acting under the name of others on the Platform.
- Transmitting or disseminating computer viruses, worms, trojan horses, or excessive or repeated spam messages, engaging in hacking, continually using, connecting, or accessing the system that leads to an overload.
- Attempting to reproduce, use, adapt, reverse engineer, decode, decompile this Platform or engage in unauthorized connection or transmission.
- Interfering with, limiting, or damaging the Platform's services, host computers, servers, or network infrastructure.
- Engaging in commercial activities without prior consent from the Platform.
- Publishing, transmitting, or sending spam emails, chain mails, illegal, or unauthorized content or advertisements on multi-level marketing; or storing data that may lead to the breach of intellectual property rights or break laws in general.
- Disturbing, irritating other members or third parties, or violating general internet etiquette.
- Other actions that are not in line with the purposes of this Platform or behaviors that can be reasonably considered inappropriate.
7. Changes to the Services
Members agree that the Platform may adjust, change or terminate the Service items as required by operation conditions and practical needs and may choose the adequate ways to announce such changes.
8. Suspension and termination of the Services
The Platform maintains the Services and underlying systems with generally reasonable techniques and methods. But the Platform has the right to suspend or terminate its Services without liabilities under the following circumstances:
- When the electronic communication equipment undergoes necessary maintenance and work.
- Sudden outages of electronic communication equipment.
- The contracted electronic communication provider fails to provide communication services as required by the contract.
- Force majeure like natural disasters and other causes that are not liable to the Platform.
9. Online training, course purchasing, and tests
I. Members wishing to complete online training as organic certification auditors must select the courses and make payments by credit card.
II. By making purchases, members acknowledge and agree that:
- (1). The Services are subject to “The Regulations on Reasonable Matters as Exceptions to Rescind the Distance Sales”, and therefore the 7-day return period under Article 19 of the Consumer Protection Act does not apply.
- (2). Members are responsible for preparing and configuring the device and connection bandwidth to the requirement announced on the website for taking the online training and tests.
- (3). Unless within 3 days of the purchase and the content has not been played, in which a refund can be issued, the Platform does not offer refund in any conditions.
- (4). The purchased courses must be taken within 2 months of the purchase date. Once due, the courses and tests can no longer be accessed.
- (5). Even after payment, as long as the confirmation has not been sent, the Platform reserves the rights to not accept or cancel the order. A notice will be sent to the member who has placed an order, but that notice is not a confirmation, which will be notified to the member afterward.
- (6). Courses available, testing methods, and fees are announced on the website and are subject to unscheduled revisions. Please be attentive to the announcements.
III. Members who is limited in legal capacity must seek approval from their legal representatives before participating in or purchasing online training, courses, or tests on the Platform.
IV. If a member arbitrarily cancels the courses he/she has purchased or engage in activities that the Platform considers inappropriate and disrupts or undermines the Platform's operation, the Platform may refuse the member's training request or even terminate his/her member status permanently.
10. Limitation and exclusion of liabilities
I. The Services are provided as they are prepared. This Platform does not assume express or implied warrant for their performance, responsiveness, integrity, reliability, security, accuracy, and other attributes.
II. This Platform does not guarantee that the emails sent from its web pages, servers, or domains are free of computer viruses or other threats; it also does not guarantee the accuracy or reliability of email, file, or data transmissions and storage. If an email, file, or data transmission or storage failure, loss, or error has led to damage, the Platform is not liable for compensation.
11. Protection of intellectual property
I. The intellectual property rights to website software, programs, and contents, including but not limited to teaching materials, videos, audio recording, works, pictures, files, information, website structures, webpage layouts, and designs, are owned by the Platform or its collaborators. Those rights include but not limited to trademark rights, patent rights, copyrights, trade secrets, and proprietary technologies. Using, downloading, adjusting, reproducing, publicly broadcasting, adapting, disseminating, publishing, launching, reverse engineering, decoding, or decompiling is prohibited. If a member wishes to cite, download, or reproduce the above software, programs, or website contents, he/she must legally obtain prior written consent from the Platform and its collaborators. Members are obliged to respect intellectual property rights, and members failing to comply must compensate for the damages and benefit losses incurred (including but not limited to litigation expenses and lawyer fees).
II. Members agree to not infringe the intellectual property rights of others when using the Platform.
III. If a member is involved in an infringement case, the Platform may suspend the entirety or part of its Services to that member or terminate the member's account outright.
IV. If you find any infringement of intellectual property rights, please describe the incident to the Platform administrator at aotp@oapc.org.tw along with your means of contact and an intellectual property declaration.(Please note that any emails unrelated to IP infringement will not be responded to)
12. Licensing from members
I. For data uploaded, transmitted, input, or provided to the Platform by members, members agree to the Platform's reasonable collection, processing, storage, transmission, and use of that data. The Platform may use it to provide other information and services to members, compile member statistics, engage in the survey or study of internet using behaviors, or other lawful uses. For members that have not been authorized to use, modify, reproduce, publicly broadcast, adapt, disseminate, publish, or openly disclose particular data, please do not upload, transmit, input, or provide that data to the Platform. Once data is uploaded, transmitted, input, or provided to the Platform, the uploading member will be seen as unconditionally agreeing that the Platform may use, modify, reproduce, publicly broadcast, adapt, disseminate, publish, or openly disclose that data; in addition, those rights can be sublicensed to other parties, and the member has no grounds for rejection, asks for compensation from the Platform or its licensees, or makes any other claims (including a claim for the results or benefits derived from the Platform and third-party licensees' use and reproduction of the data).
II. Members must guarantee that the data uploaded, transmitted, input, or provided to the Platform, which the Platform will be entitled to use, modify, reproduce, publicly broadcast, adapt, disseminate, publish, openly disclose, or sublicense, constitutes no infringement of a third party's intellectual property rights. If however there is an infringement, the member will be held liable. If the third party makes a claim incurring damages to the Platform, the member is liable to compensate for the damages and benefit losses (including but not limited to litigation expenses and lawyer fees).
13. Refusal or termination of the Services
Members agree that for purposes such as platform operation, transaction safety, the Platform may, under any consideration including but not limited to the violation of either the provisions or spirits of laws or the Terms, Policies, and Rules, terminate the member's password, account (or partially), or the Services (or partially), or even remove or delete part the “Member Contents” on the Platform. Furthermore, members also agree that the Platform is not liable to the member or any third party for the suspension or termination of passwords, accounts, or the Services (or partially).
14. Governing laws and jurisdiction
I. The Terms and Conditions are governed by the laws of the Republic of China (Taiwan).
II. Any disputes or contentions that arise from the Terms and Conditions or on the transactions with the Platform must be exclusively brought in Taipei District Court, Taiwan for the first instance.
15. Special provisions for EU members
If a member is a national of an EU member state or another country that EU regulations apply (including but not limited to Iceland and Liechtenstein), the member acknowledges and agrees that all information (including but not limited to personal data) provided to the Platform complies with the laws and regulations of Taiwan and his/her residence country and jurisdiction (including but not limited to EU General Data Protection Regulation). If there is a breach of laws, the member is solely liable for all the legal consequences.
16. Others
I. The titles of the Service Terms and Conditions can be abbreviated for convenience. Their implications are not affected.
II. The English translation of the Terms and Conditions is for reference only. If its implication contradicts the Chinese version, the Chinese version takes precedence.