TERMS OF SERVICE
Welcome to become a member of the Elpis official website. The Elpis official website will provide you with various membership services (from now on referred to as "this service") based on the service terms, website announcements, various usage specifications, and precautions (collectively referred to as "these service terms"). Please be aware that this service is provided by Bellamarc., Ltd. (hereinafter referred to as "Elpis") and you are the contracting party for these service terms. To protect your rights and interests, please read the following service terms carefully before applying for registration and using this service. The purpose of establishing these service terms is to protect the rights and interests of the service provider and all members, and they constitute a contract between the member and the service provider. When you register and log in to become a member of the Elpis official website or start using this service, it is deemed that you have read, understood, and agreed to accept all the contents of these service terms and fully accept the existing and future service items and content of this service.
If, after careful consideration, you do not agree to these service terms, please do not proceed with the registration process or immediately stop using this service. If you do not agree to the contents of these service terms, or if your country or region excludes all or part of these service terms, please stop using this service immediately.
1. Membership Eligibility
(1) To ensure the safety of children and adolescents using the internet and to avoid privacy infringement, the Elpis official website is only available to individuals who have reached the age of majority as defined by the laws of the Republic of China, individuals who are minors but have obtained consent from their legal guardians, and legal entities or groups with valid registration.
(2) If you are a minor or lack full legal capacity, please have your parents or legal guardians read and understand these Terms of Service, and obtain their consent before registering as a member of the Elpis official website or using or continuing to use the services. By using or continuing to use the services, it is deemed that your parents or legal guardians have read, understood, and agreed to all the contents of these Terms of Service and any subsequent modifications or changes. Furthermore, these legal representatives allow you to use the services and engage in related legal activities.
2. Website Services
The services provided by the Elpis official website include online services such as purchasing products, as well as related financial, logistical, and informational services. These services encompass, but are not limited to, buying and selling products, browsing website content, providing marketing information through email or other means, and other services. Elpis may, as necessary for business purposes and practical circumstances, add, modify, or terminate relevant service content without individual notice to members. The product names, prices, content, specifications, models, and other related information presented on the Elpis official website's product transaction pages are all part of the contractual agreement.
3. Member Registration Data
(1) Before utilizing the service, you must register as a member on the Elpis official website, providing accurate and complete personal information as prompted by the service registration process. Should there be any changes to your personal information, please log in to the Elpis official website at any time to complete online data updates to safeguard your interests. In cases of duplicated personal information, intentional impersonation of others, violation of public order and morals, infringement upon the rights of others such as name, company name, trademark, or other intellectual property rights, causing misunderstandings, violating laws, disrupting the purpose of the Elpis official website service, or posing any misleading risks, Elpis reserves the right to reject your registration, suspend or cancel your membership, or request corrections afterward. Elpis also reserves the right to refuse your use of the service, and you shall bear all civil and criminal responsibilities and losses. If Elpis incurs damages, you shall be liable for compensation, including but not limited to any compensation to third parties and legal expenses.
(2) In the event that the personal information you provided is found to be incorrect, incomplete, or erroneous, leading to disqualification from activities, an inability to contact you correctly and in a timely manner, or other situations, you will be unable to claim prizes or enjoy benefits according to the conditions or rules stated in relevant announcements. Elpis will not be responsible for any liabilities in this regard, and your understanding is appreciated.
4. Privacy Protection
(1) Elpis places great importance on the security of your personal information. Elpis will handle matters related to the collection, processing, and use of your registered or stored personal information and other specific information (such as transaction data) in accordance with the regulations of the "Privacy Policy" posted on the official website, the Personal Data Protection Act, and relevant legal provisions. Elpis respects and protects your personal information. Please read the "Privacy Policy" on the Elpis official website carefully before registering or using the service. If you do not agree with the "Privacy Policy" after consideration, please do not proceed with the registration process or immediately stop using the service.
(2) By consenting, Elpis is authorized to provide essential member information to partners within the agreed-upon scope for the purpose of delivering this service. Some specific services within this offering are jointly provided with other collaborating companies. If you choose not to disclose personal data to these collaborating companies, you may opt out of using these particular services. However, once you initiate the use of these specific services, it will be deemed that you have agreed for Elpis to disclose your personal information to the respective collaborating companies or partners for the management of relevant matters associated with those specific services.
(3) If your personal data on the Elpis official website is compromised, stolen, leaked, tampered with, or subjected to other infringements, Elpis will, following the conclusion of the investigative process to understand and clarify the relevant circumstances, inform you in the most appropriate manner as determined by Elpis. Please note that the aforementioned measures taken by Elpis do not indicate any illegal actions on the part of Elpis, and they do not constitute an explicit or implicit guarantee or responsibility for compensation regarding the theft, leakage, tampering, or other infringements of your personal data.
(4) Information Collected and Shared on Facebook
All available Facebook features and services within the Elpis official website are subject to the Facebook Data Policy, which contains additional information about your privacy rights and settings.
When using the Elpis official website, you can:
a. Log in with your Facebook account. Once you log in with that account, you agree to share certain publicly available profile information with Elpis.
b. Use Facebook social plugins, such as "Like" or "Share" buttons for Elpis content on the Facebook platform.
When using the Elpis official website, you consent to receiving Cookies (also known as "Facebook Pixel") from the Elpis official website to help us understand your activities. This includes information about your device, how you use our services, your purchase information, and the advertisements you view, whether or not you have a Facebook account or are logged into Facebook.
When using Facebook-related features, we collect data to assist with:
a. Displaying ads on Facebook (or Instagram, Messenger, or other Facebook service items) that you might find interesting.
b. Measuring and analyzing the effectiveness of our website/application and advertisements.
We may also use the personal information you provide on the Elpis official website (such as your name, email, address, gender, and phone number) to display more relevant ads to you. This helps Facebook (or Instagram, Messenger, or other Facebook service items) identify you. During the matching process, Facebook will not share your personal information and will delete the information after the matching process is complete. We do not negotiate or sell your personal information.
While you may use Facebook features and services on the Elpis official website, please be aware that Elpis does not guarantee or assume any legal responsibility for Facebook. If, due to reasons attributable to Facebook, your personal information is stolen, leaked, altered, or otherwise compromised, and any resulting losses or damages occur, Elpis will not assume any compensation liability. Thank you for your understanding.
(5) Deletion of Personal Data
a. Right to Request Deletion
You have the right to request us to destroy or delete your personal data. However, we may be required to retain your personal data based on legal requirements or other legitimate reasons.
For data processing based on consent, you can withdraw your consent at any time. If we process your personal data based on your consent, you can withdraw your consent at any time. Withdrawing consent does not affect the legality of processing carried out before the withdrawal.
b. Channels for Requesting Deletion
If you have any questions or suggestions regarding the processing of your personal privacy data, please send an email to the following address: service@elpis.tw
5. Member Account and Password
(1) Upon completing the registration process for this service, you will receive a set of account and password. You are obliged to ensure the confidentiality and security of your account and password, and must not disclose them to any third party. You are fully responsible for all actions taken using the account and password. You agree to comply with the following: The account and password are for your personal use only, and you must not rent, lend, transfer, assign, or in any way make them available to any third party.
(2) If you disclose your personal information, member password, or payment data, and this leads to the possibility of third-party usage, you must take full responsibility for the actions of the third party. If Elpis incurs damage as a result, you are obligated to compensate Elpis for the damages, including but not limited to compensation for third-party claims and legal and attorney fees.
(3) All actions, including but not limited to querying, searching, viewing, modifying personal information, participating in various activities, obtaining related consumption information, purchasing goods or services, and any similar actions involving user personal rights, carried out by using your account and password to log in to the Elpis official website or to use this service, are considered your own actions.
(4) In the event of your account or password being stolen or any other security issues arising, you must immediately notify the Elpis official website. Elpis will promptly suspend the processing of transactions and subsequent use of the account and take relevant measures. However, these measures should not be construed as Elpis providing explicit or implicit guarantees or compensation liability to you.
(5) After each use of this service, please make sure to log out of the Elpis official website member account to prevent unauthorized access by others.
(6) You must not disclose your account or password to anyone, nor use the account or password of others to log in to the Elpis official website. If you violate the terms of this service and incur damage, Elpis assumes no compensation liability.
6. Member Legal Obligations
(1) You agree and warrant not to use this service for any illegal purposes or in any unlawful manner, and agree to comply with the relevant laws of the Republic of China and all international practices for internet use. If you are a user from outside the Republic of China, you should also comply with the laws of your respective country or region.
(2) You agree and warrant not to use this service for activities that infringe upon the rights of others or engage in illegal behavior, including but not limited to:
a. Distributing or transmitting any defamatory, insulting, threatening, offensive, indecent, obscene, false, disorderly, or other unlawful text, images, or any form of files.
b. Infringing upon the reputation, privacy, trade secrets, trademark rights, copyright, patent rights, other intellectual property rights, and other rights of others.
c. Violating confidentiality obligations as required by law or contract.
d. Impersonating others to use this service.
e. Transmitting or distributing computer viruses.
f. Sending any mail that violates relevant laws of the Republic of China regarding technical data exports.
g. Posting, transmitting, sending, or storing any defamatory, fraudulent, harmful, obscene, pornographic, gambling, or any other files, documents, or data that violate the law.
h. Posting, transmitting, sending, or storing any data that infringes upon the intellectual property rights or other interests of others.
i. Collecting the email addresses and other personal information of others without consent.
j. Posting, transmitting, sending, or storing viruses or any program or message that is capable of destroying or interfering with computer systems or data.
k. Disrupting or interfering with the operation of the service system or engaging in behavior that violates general internet etiquette.
l. Unauthorized access to the service system or networks related to the system, or impersonating others' accounts or forging sender identification information to send mail in an attempt to mislead recipients.
m. Any behavior that hinders or interferes with other users' use of this service.
n. Any act of illicitly obtaining member accounts, passwords, or access permissions for this service through improper channels.
o. Other behaviors that do not align with the intended use of this service.
p. Behavior deemed inappropriate by Elpis.
q. Unauthorized use of product images or content for profit without Elpis' authorization.
(3) If you violate the terms of this agreement or use this service to infringe upon the rights of others, engage in any illegal or criminal activities, Elpis may pursue all civil and criminal liability against you in accordance with the law.
7. Method of Electronic Document Representation
Elpis and members agree that this service is represented by electronic documents. Elpis notifies relevant information about this service by delivering it to the email registered by the member on the Elpis official website. If there are changes to your email, you should promptly update it on the Elpis official website to maintain the accuracy, timeliness, and completeness of your email and other personal information. If, due to reasons not attributable to Elpis, messages sent by Elpis cannot be received because of errors, expiration, or other issues with the email you provided, it will still be considered that Elpis has completed the delivery.
8. Service Abnormalities and Disclaimer
(1) Elpis ensures that the computer system providing this service has a level of security that meets general reasonable expectations. However, in the following situations, Elpis has the right to suspend, interrupt, or refuse to provide all or part of this service without prior notice to you. Elpis is not liable for any direct or indirect damages caused by your use (or inability to use) of this service:
a. Relocation, replacement, upgrade, maintenance, or repair of the hardware and software equipment related to this service.
b. Situations where users violate government laws or the terms of service.
c. Interruption or suspension of this service due to natural disasters or other force majeure factors.
d. Other situations not attributable to Elpis that lead to the interruption of this service.
e. Information displayed incorrectly, forged, altered, deleted, extracted, or system interruptions or malfunctions due to reasons beyond Elpis's control.
f. Cases where Elpis deems it necessary to stop or suspend the service.
(2) Elpis will announce appropriately on the Elpis official website for foreseeable hardware and software maintenance plans that may result in system interruptions or suspensions.
(3) The Elpis official website provides services based on existing items, features, and conditions at the time of service provision, and Elpis assumes no warranty, guarantee, or compensation responsibility.
(4) You agree that Elpis may, based on actual execution, add, modify, or terminate various website activities and choose the most appropriate way to inform members.
9. External Website Links
(1) The services provided on the Elpis official website may contain links to websites operated by other entities (hereinafter referred to as "external websites"). However, this does not imply any collaboration between Elpis and the external websites. Elpis does not guarantee or assume any legal responsibility for any external websites. If you incur any damages due to the use of external websites, Elpis will not be liable for any compensation or responsibility.
(2) All trademark rights, copyrights, or other rights on external websites are still owned by the relevant rights holders, and Elpis has not obtained such rights. Elpis is not authorized to grant you the right to use them. Elpis assumes no responsibility for any software, images, or data downloaded by you through links on the Elpis official website to external websites. It is advised that you exercise caution and judgment regarding the legality, validity, accuracy, completeness, and whether it infringes on the rights of others before downloading such software, images, or data, to avoid any damage (e.g., damage to your computer system or loss of stored data).
10. Cross-Industry Collaboration
Elpis may collaborate from time to time with third parties such as other online platforms, partners, and collaborators (hereinafter referred to as "content providers"). Content providers will supply news, articles, information, newsletters, and links for publication on the Elpis official website. Out of respect for the creativity and intellectual property of content providers, Elpis will not conduct substantial reviews or modifications of the provided content. Elpis also assumes no legal responsibility for the accuracy or authenticity of such content. If you believe that certain content involves infringement or false information, please directly contact the respective content provider.
11. External Website Transactions
Vendors or individuals may provide goods, services, or other transactional activities through external websites linked via the Elpis official website. Elpis does not provide any guarantees or assume any legal responsibility for such vendors or individuals. If you engage in transactions with such vendors or individuals, the buying and selling or any other legal relationships exist solely between you and the respective vendor or individual. These transactions are outside the scope of our services, and Elpis is not involved in any way. You may not request any rights from Elpis in connection with such transactions. Elpis explicitly declares that it does not intervene in any transactions, services, or legal relationships between you and vendors or individuals. Additionally, Elpis assumes no legal responsibility for the goods, services, or other subjects of transactions obtained by you.
12. Disclaimer
(1) You explicitly understand and agree that the services are provided solely based on their respective features and conditions at the time of use. Elpis assumes no express or implied guarantees or other legal responsibilities for users' special requests or requirements, including but not limited to speed, security, reliability, completeness, accuracy, uninterrupted and error-free operation, merchantability, applicability for a specific purpose, and non-infringement of others' rights.
(2) Elpis does not guarantee the following:
a. The services meet your requirements.
b. The services are uninterrupted, timely, secure, or error-free.
c. The results obtained from the use of the services are correct or reliable.
d. Any emails, files, or data transmitted through the services are reliable and error-free.
e. The storage or transmission of emails, files, or data is secure, reliable, complete, accurate, uninterrupted, and error-free.
f. Any products, services, information, or other data obtained through the services meet your expectations.
(3) You should independently consider and assume the risk of downloading or obtaining any data through the use of the services. Elpis is not responsible for any damage to your computer system or loss of data resulting from the download of such data, and you assume full responsibility for this, independent of Elpis.
(4) Recommendations and information obtained from the Elpis official website or through the services, whether written or oral, do not constitute a guarantee of the services.
(5) Except in cases of intentional or gross negligence by Elpis, Elpis is not liable for any direct or indirect damages resulting from members' use of the services and assumes no compensation or other legal liability.
13. Member Content
(1) You understand and agree that any information, data, text, software, music, audio, photos, graphics, videos, messages, or other materials (hereinafter referred to as "Member Content") publicly posted or privately transmitted by members are the sole responsibility of the Member Content provider. Elpis cannot control the "Member Content" posted through the service and does not guarantee its accuracy, completeness, or quality.
(2) You understand and agree that while using the service, you may be exposed to "Member Content" that is unpleasant, inappropriate, or offensive. However, in any circumstance, Elpis is not responsible for any "Member Content," including but not limited to any errors, omissions, or losses or damages arising from the posting, emailing, or transmission through the service.
(3) Elpis does not pre-screen "Member Content," but Elpis reserves the right to refuse or remove any "Member Content" provided through the service. Elpis and its designees have the right to remove any "Member Content" that violates the Terms of Service. You understand and agree that you must evaluate the accuracy, completeness, or usefulness of "Member Content" and bear all risks associated with its use (including the risk of rejection or removal and subsequent use under the Terms of Service).
(4) You understand and agree that by uploading, transmitting, inputting, or providing any data to the Elpis official website, you unconditionally grant Elpis the right to use it, including but not limited to modifying, reproducing, publicly broadcasting, adapting, distributing, publishing, publicly displaying such data, and may sublicense these rights to third parties. You have no objection to this. You guarantee that Elpis's use of such data will not infringe on any third-party intellectual property rights. If Elpis or a third party is harmed, you shall be responsible for compensation, including but not limited to legal fees and attorney fees.
(5) You understand and agree that if there is a dispute over ownership or other legitimacy of any text, image, picture, or other work or data you provide, Elpis may cease your provision, delete it, or notify other members to stop using it without notifying you.
(6) You understand and agree that Elpis may, in accordance with legal requirements or the following circumstances, preserve or disclose "Member Content" to government agencies, judicial police, legal representatives, or guardians of minors:
a. Based on legal requirements or requests from investigative and judicial authorities and other authorized agencies according to statutory procedures.
b. Your membership information is impersonated by others.
c. To enforce the Terms of Service.
d. Responding to third-party infringement claims.
e. Protecting the rights, property, or personal safety of Elpis, members, and the public.
14. Intellectual Property Rights
(1) You understand and agree that the software, programs, and all content on the website, including but not limited to various works, images, files, information, data, website structure, website layout, web design, marketing activities, and advertising content (hereinafter referred to as "Website Content") used in the service are the intellectual property of Elpis or other rights holders in accordance with the law. This includes, but is not limited to, trademark rights, patent rights, copyright, trade secrets, and proprietary technologies. Without the consent of the rights holder, no one may use them without authorization, including but not limited to modifying, reproducing, publicly broadcasting, adapting, distributing, publishing, publicly displaying, performing reverse engineering, decompiling, or disassembling.
(2) Without authorization from Elpis or other rights holders, you may not use these software, programs, or website content, including but not limited to various works, images, files, information, data, website structure, website layout, web design text, for any commercial purposes such as sale, transfer, lease, lending, sublicensing, or any other form of business use, uploading to any website, providing to others in any way, using for pornography, insults, defamation, illegal transactions, or modifying or editing for the above purposes.
(3) If you wish to use the aforementioned software, programs, or website content, you must obtain prior written consent from Elpis or other rights holders in accordance with the law.
(4) Respecting the intellectual property rights of others is your obligation. In case of any violation, you shall bear all legal responsibilities. If Elpis suffers any loss or damage as a result, you shall compensate Elpis, including but not limited to legal fees and attorney fees. Elpis may also revoke your membership and permanently prohibit you from using the service.
15. Newsletter and EDM
You agree that Elpis, its partner companies, or strategic partners may irregularly send newsletters or product information (EDM) to the email address registered by the member. If you no longer wish to receive newsletters or product information (EDM), please visit the Elpis official website [Contact Us] to submit your request, and Elpis will cease sending newsletters or product information (EDM) accordingly.
16. Transaction Confirmation and Protection
(1) When members place orders on the Elpis official website, please follow the online ordering process provided by the service. Elpis will notify the member via email or other means, but such notification only indicates that the system has received the member's order information and does not imply that the transaction has been completed or the sales contract has taken effect. Elpis reserves the right to make the final decision on whether to accept orders and ship goods.
(2) If Elpis fails to confirm the type, quantity, price, and other important details of the goods ordered by the member or if there are other legal reasons, Elpis will consider the member's order as not accepted. Suppose the price of goods displayed on the Elpis official website is significantly lower than the market price. In that case, if there are errors in the quantity displayed, or if there are obvious errors on the product page, it is considered that the Elpis official website system is under maintenance, and the transaction has not been completed. Please contact the customer service center for confirmation before placing a new order.
(3) When necessary, Elpis may set individual quantity limits for specific products for each member's order. If a member exceeds the quantity limit set by the Elpis official website when placing an order, Elpis will only ship according to the specified quantity limit.
(4) Once a member uses the service and completes the ordering process, it indicates that the member is making an offer and is willing to order the product according to the terms and conditions specified in the agreement and on the relevant web pages.
(5) If there are any changes to the member's stored data (such as address or phone number), the member should immediately log in to the Elpis official website to update the stored data. The member cannot deny the ordering behavior or refuse to make payment on the grounds of mismatched personal data.
(6) Once Elpis confirms that the transaction conditions are correct, the order or payment is completed, and there is still inventory available, Elpis will directly notify the cooperating manufacturer to ship the goods. You can check the shipping status on the Elpis official website.
17. Delivery Location and Method
The Elpis official website will provide options for the location and method of delivering ordered goods for you to choose from, and delivery will be made according to the method you select.
18. Payment Method Explanation
The Elpis official website provides explanations of payment methods under the section [Payment and Shipping]. Please refer to it for details.
19. Shipping Fees
The Elpis official website provides explanations of shipping fees and the methods of bearing them under the section [Payment and Shipping]. Please refer to it for details.
20. Return and Termination Rights
(1) Members may exercise relevant rights in accordance with Article 19, Paragraph 1 of the Consumer Protection Act, but the following goods are not included:
a. Goods that are perishable, prone to deterioration, or cannot be returned due to their nature, including but not limited to flowers, food, personal hygiene products, etc.
b. Customized goods ordered, adjusted, or delivered according to your specifications, requirements, or timing.
c. Personal hygiene products that have been unsealed, such as opened cosmetics and skincare products.
d. Goods that have exceeded or are about to exceed their storage period or have deteriorated, been damaged, or spoiled under normal shipping conditions upon return.
(2) Goods returned under this agreement must maintain all products, gifts, accessories, packaging, invoices, all accompanying documents, and other information intact. When applying for a return or exchange, members should return the aforementioned contents together, and Elpis may request a reconditioning fee.
21. Liability Basis and Compensation
When you use this service, the basis for determining relevant facts should be based on the data recorded in the Elpis official website database and the evidence you provide. In the event of any dispute, both parties will submit their respective stored electronic data records or evidence to a court or impartial third party for determination with the utmost sincerity.
22. Compensation
If a member violates the terms of this service or relevant legal regulations, causing damage to Elpis and related assisting parties or incurring expenses (including but not limited to shipping costs, handling fees, litigation costs, and attorney fees), you shall bear all compensation and indemnification responsibilities.
23. Declaration of Terms' Effectiveness
If any part of these Terms of Service is determined invalid by a court of competent jurisdiction or declared void by an administrative agency, the other provisions of these Terms of Service shall remain in effect except for the invalidated provision.
24. Interpretation of Terms
The interpretation and application of these Terms of Service shall be construed in favor of you.
25. Revision and Amendment of Terms of Service
To maintain the security of member and transaction data, Elpis reserves the right to modify these Terms of Service as circumstances or laws change, and such modifications will be announced on the Elpis official website without further notice to members. By continuing to use this service after the announcement of the revised terms, you are deemed to have read, understood, and agreed to accept the modified terms. The rights and obligations between you and Elpis arising from your participation in or use of activities related to the Elpis official website or this service shall be based on the content of the Terms of Service as last revised at that time.
26. Jurisdiction and Governing Law
In the event of any disputes, members are advised to address their concerns to the Elpis official website's customer service center (Customer Service Hotline: 0809-090-767) or send an email to the following address: service@elpis.tw. Elpis and the member shall negotiate in good faith and with the utmost integrity to resolve the dispute. If litigation becomes necessary, the parties may choose the jurisdiction court in accordance with the provisions of the Consumer Protection Act or the Small Claims Procedure under the Civil Procedure Code. The Taipei District Court in Taiwan may be designated as the court of first instance. The interpretation of these Terms of Service and matters not covered herein shall be governed by the laws of the Republic of China.