Terms of Use




General Provisions

By accessing, browsing, and/or using this website (www.yangming.com, hereinafter called as the "Website"), including all related domains, produced by Yang Ming Marine Transport Corp. and its subsidiaries or affiliate companies (hereinafter collectively referred to as "Yang Ming" or “We”), you expressly acknowledge that you have read, understood, and agreed to the Terms thereinafter. All information presented in the Website 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 Website is believed to be accurate; however Yang Ming cannot guarantee the accuracy or correctness of any information included in the Website. Yang Ming may from time to time revise these terms, and you are bound by such revisions and should therefore periodically visit the Website to review the updated Terms.

Content Disclaimers

1. You understand that, all of the Website's contents, including but not limited to the information, products and services contained or referred to in this Website 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 Website is accurate and up-to-date, under no circumstances shall Yang Ming, its respective partners, officers, directors, employees, 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 Website. YOU SHALL ASSUME TOTAL AND SOLE RESPONSIBILITY FOR ANY RISKS EITHER EXPRESSED OR IMPLIED IN YOUR USE OF THE WEBSITE. The service is provided on an "AS IS" and "AS AVAILABLE" basis without presentation or warranty of any kind whatsoever.

2. In case of any conflict between any Yang Ming service information in this Website, the Terms and the service information contained in the applicable Yang Ming’s internal documentation or agreement, Yang Ming’s the internal documentation or agreement shall prevail. While the booking functionality of the Website 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 Ownership

Unless otherwise specified herein, Yang Ming will retain any or all title(s), right(s), profit(s) and interest(s) of the Website'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 Website 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 the Website, including copying, redistribution, publication or retransmission of any portion of the material of the Website without express written permission or consent of Yang Ming is forbidden. Yang Ming’s Website 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 Website will not infringe rights of third parties not owned by or affiliated with Yang Ming. All comments sent to Yang Ming’s Website become the property of Yang Ming.

Exclusion and Limitation of Liability

Under no circumstances, including, but not limited 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 Website and any of its service or downloading of any material, data, text, image and whatsoever from this Website. 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 Website or to passwords data or information on the Yang Ming’s Website.

Hyperlinked-Links to Third Party Sites

The links in the Website will allow access to other sites operated by third parties (hereinafter called as "third-party website"). Such third-party websites are not under the control of Yang Ming, and Yang Ming bears no liability to the contents of these third-party websites. Yang Ming makes no warranty or representation whatsoever pertaining to any other third-party websites which you may access through Yang Ming’s Website or which you may use or access such third-party websites and any of its services. When you access a third-party website, 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 or use is free of viruses and other items of destructive nature.

Privacy Policy

For more information relating to our privacy policy, we invite you to review our Privacy Policy.

Indemnity

You agree to indemnify, defend and hold Yang Ming and its 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’s Website 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 Website 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 Website, including the Terms, shall be submitted to the exclusive jurisdiction of Taipei District Court of Taiwan.