Terms of use




General Provisions

Before accessing, browsing, and/or using this web site produced by Yang Ming Marine Transport Corp., and its subsidiaries or affiliate companies (hereinafter collectively referred to as "Yang Ming"), you shall expressly acknowledge that you have read, understood, and agreed to the terms thereinafter. All information presented in the web site is considered for information purposes only and does not constitute any legal contract between Yang Ming and yourself unless otherwise specified. The information provided in the web site is believed to be accurate- however YANG MING cannot guarantee the accuracy or correctness of any information included in the web site. YANG MING may from time to time revise these terms, and you are bound by such revisions and should therefore periodically visit the web site to review the updated Terms.

Content Disclaimers

You understand that, all of the site's contents, including but not limiting to the information, products and services contained or referred to in this web site are subject to change or update at any time without prior notice. While YANG MING has made every attempt to ensure that the information contained in the web site is accurate and up-to-date, under no circumstances shall YANG MING or any of its affiliates, respective partners, officers, directors, employees, subsidiaries, agents or representatives of any kind be responsible for or liable to any person or entity for any damage, error, omission, inaccuracy, misuse, or conversion, whatsoever direct, indirect, consequential, incidental, including, without limitation, lost revenues or lost profits arising from or in connection with the use in reliance on, or performance of any data or information provided in or delivered from the web site. YOU SHALL ASSUME TOTAL AND SOLE RESPONSIBILITY FOR ANY RISKS EITHER EXPRESSED OR IMPLIED IN YOUR USE OF THE WEB SITE. The service is provided on an "AS IS" and "AS AVAILABLE" basis without presentation or warranty of any kind whatsoever. In case of any conflict between any YANG MING service information in this web site and the service information contained in the applicable YANG MING internet documentation agreement, the internet agreement shall prevail. While the booking functionality of the web site is used, the booking and carriage shall be governed by and construed according to the terms of YANG MING Combined Transport Bill of Lading, including the governing law and jurisdiction clauses.

Intellectual Property Rights--Copyright Status

Unless otherwise specified herein, YANG MING will retain any/all title(s), right(s), profit(s) and interest(s) of the web site's contents, including but not limited to text, photographs, images, domain, sub-domains, trademarks, logos, or any other intellectual property rights, moral rights and similar benefits of any type in connection with the web site and the services offered. You may print and download portions of the materials solely for your personal, non-commercial use. Unless it is strictly provided or permitted in the Terms, any act in respect of the reproduction of any data or content from YANG MING web site, including copying, redistribution, publication or retransmission of any portion of the material of the web site without express written permission or consent of YANG MING is forbidden. YANG MING web site may contain other proprietary notices and copyright information, the terms of which have to be obeyed and followed. YANG MING makes no warranties or representations that your use of the services or materials displayed on the web site will not infringe rights of third parties not owned by or affiliated with YANG MING. All comments sent to YANG MING web site become the property of YANG MING and may be used without limitation. Received comments will not be treated as confidential.

Exclusion and Limitation of Liability

Under no circumstances, including, but not limiting to, breach of contract, tort, negligence, or strict liability, will YANG MING and its related parties be liable for any direct, indirect, incidental, consequential, special, punitive or other loss, damages or claims of whatsoever. Neither YANG MING nor any of the related parties assume or accept any responsibility whatsoever and bear any liability for any damage or viruses or other items of destructive nature that may infect your computer, any other software, hardware or other IT systems or other property on account of your accessing, using and/or browsing this web site and any of its service or downloading of any material, data, text, image and whatsoever from this web site. Furthermore, YANG MING assumes no responsibility, and shall not be liable for any loss, damages or whatsoever due to the third party's unjustified access to the web site or to passwords data or information on the YANG MING web site.

Hyperlinked-Links to Third Party Sites

The links in the web site will allow access to other sites. Such linked sites are not under the control of YANG MING, and YANG MING bears no liability to the contents of these sites. YANG MING makes no warranty or representation whatsoever pertaining to any other web sites which you may access through YANG MING web site or which you may use or access such web site and any of its services. When you access a non-YANG MING web site, please understand that it is independent from YANG MING. YANG MING provides links only as a convenience, and such inclusion of any link does not imply endorsement by YANG MING. It is up to you to take precautions to ensure that whatsoever you select for you use is free of viruses and other items of destructive nature.

Privacy Policy Statement

6.1 Information Collected on the Site
YANG MING does not request or require any information from anonymous visitors to the Site. YANG MING collects information only from those users who wish to conduct business transactions (i.e. buying or selling products or services) on the Site and who have registered on the Site ("Registered Users"). When you become a Registered User of HomePort, you provide your name, address, telephone and fax numbers, e-mail address and a unique User id. You are responsible for maintaining the confidentiality of any User id as well as any account number, account name, or passwords, if applicable, for the services you utilize through the Site.
6.2 Use of Cookies and Log Files
The Site does not use persistent or stored cookies; however, it does use temporary or per-session cookies. Temporary or per-session cookies act as a randomly generated session ID; they last only while the Registered User is logged onto the Web site, and are cancelled at the end of the session (i.e., the Registered User logs out of the Site or closes their Web browser program). The Site uses temporary cookies for security purposes. Each time a Registered User logs onto the Site, the Site server generates a temporary session ID, which associates with the user's login name, password and computer during that particular session. This allows the Registered User to move from page to page in the Site during a specific session, without having to re-enter the user login name and/or password. The temporary cookie allows the Site server to continuously verify that the user is a permitted user as the user moves from page to page during a specific session. When the Registered User logs out of the Site the temporary session ID is cancelled, and is removed from the temporary memory of the user's computer; and the association in the Site server between the temporary session ID and the specific user login name and password is also terminated.
YANG MING also uses log files for anonymous site usage analysis. A "log file" is a data file that records a Registered User's activity while using the Site.

Indemnity

You agree to indemnify, defend and hold YANG MING and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "YANG MING Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys' fees) incurred to any YANG MING Party in connection with any violation of this Terms or any improper use of the Service under your account and password. YANG MING reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such a case, you agree to cooperate with YANG MING's defense of such claim.

Termination of Service

YANG MING reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, at any time for any reason without prior notice or liability. YANG MING may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or content, without prior notice or liability.

Applicable Law and Venue

YANG MING web site as well as the Terms herein shall be subject to the laws of Taiwan, the Republic of China. You agree that any claim or cause of action arising out of the use of the service in the web site or related to the Terms herein, must be filed within one (1) year after such a claim or cause of action arose or be forever barred. You expressly waive any right you may otherwise have under any statute or law. Any dispute, claim, argument, and any other controversy arising from or in any way related to the web site, including the Terms, shall be submitted to the exclusive jurisdiction of Taipei District Court of Taiwan.