Terms of Service
Terms of Service
1. Acknowledgment and Consent
A. "21st Century Digital Technology Co., Ltd." (hereinafter referred to as the "Company") establishes and provides the SOFAPay service (hereinafter referred to as the "Service") for your use on this website and related applications (hereinafter referred to as the "Platform") in accordance with these Terms of Service.
B. When you use the Service, the Company may separately announce service terms or relevant rules according to the nature of each specific service. You understand and agree that such separately announced service terms or relevant rules shall constitute part of these Terms of Service.
C. When you use the Service, you understand and agree that the Company will collect, process, and use your personal data in accordance with the Platform's Privacy Policy.
D. When you begin using the Service, you shall be deemed to have read, understood, and agreed to comply with all contents of these Terms of Service within a reasonable review period. You agree that the Company has the right to amend or modify these Terms of Service at any time. The amended Terms of Service shall take effect immediately upon announcement on the Platform, and you are advised to pay attention to the latest Terms of Service announced on the Platform from time to time. If you continue to use the Service after the amended or modified Terms of Service are announced, you shall be deemed to have read, understood, and agreed to accept such amendments or modifications. If you do not agree to the foregoing amendments or modifications or to any provision of these Terms of Service, please immediately stop using the Service.
E. The Service is available only to nationals of the Republic of China who are adults with full legal capacity, or who, although lacking full legal capacity, have obtained the consent of their statutory guardian. The Company reserves the final right to approve or reject member registration and your application to use the Service. If you are a minor or a person without full legal capacity, you may use or continue to use the Service only after your statutory guardian has read, understood, and agreed to these Terms of Service or the amended or modified Terms of Service. When you use the Service, or continue to use the Service after these Terms of Service are amended or modified, it shall mean that your statutory guardian has read, understood, and also agreed to all contents of these Terms of Service or the amended or modified Terms of Service.
2. Truthfulness of Information and Account Security
A. You warrant that all personal data, identity documents, and other information provided to the Company are true, accurate, up to date, complete, identifiable, and owned by you personally. You further agree to keep all information provided to the Company true, accurate, up to date, complete, and identifiable at all times. In the event of any change, you shall update such information immediately. You shall not deny any transaction or refuse payment on the ground that the information is inconsistent or incorrect. If any information you provide to the Company is untrue, incorrect, or falsely uses another person's name, or if any damage arises from your failure to update the information immediately, you shall be solely responsible, and the Company may terminate your use of the Service and the Platform.
B. You shall properly keep the account, password, and other relevant information that you set up or use on the Platform, and shall bear the obligations of custody and confidentiality. You shall not transfer, disclose, or provide them to any third party for knowledge or use, nor may you use any account, password, or the like that does not belong to you. You shall also not use the account or membership under the Service to engage in any unlawful conduct or any conduct that infringes the rights and interests of others. If you provide your member account and password to any third party for knowledge or use, you shall bear full repayment liability for accounts payable arising from such third party's use of the Platform.
C. You agree that all acts performed by entering the Platform or using the Service with your account and password, including login, inquiry, browsing, amendment of personal data, participation in any transaction or activity and obtaining relevant information, and all acts related or similar to those involving membership rights and interests, shall be deemed to be your own acts.
D. You warrant that any and all declarations of intent made to the Company through the Platform by electronic document are valid and free from defect. In the event of any dispute concerning legal acts conducted by you on the Platform, the electronic documents retained by the Company and the electromagnetic records retained by the Platform system shall prevail.
E. You agree that if you discover that your member account, password, or other information has been illegally used by a third party, or discover any system security vulnerability of the Platform, you shall immediately notify the Company. If any injury or loss is caused to you or any third party due to your breach of these Terms of Service, you shall bear legal liability on your own, and the Company shall have no involvement or liability.
F. You agree that the Company may, by itself or by entrusting a cooperating institution, conduct identity verification, credit investigation, and review of you, or collect your credit information or proof of financial resources. If the information you provide is untrue, incorrect, false, uses another person's name, infringes another person's rights, or is otherwise suspected of violating laws or regulations, the Company may at any time directly reject your registration and application, cancel your member account, suspend or cancel transactions, and suspend or terminate your qualification and rights to use the Service. If any third party's rights are infringed as a result, you shall bear legal liability on your own, and the Company shall have no involvement or liability.
3. Application Instructions for the Service
A. Description of the Service:
(1) If you enter into a contract with a cooperating merchant of the Company (hereinafter referred to as the "Merchant") for the sale or provision of goods (hereinafter referred to as the "Sales Contract"), you may apply through the Service for payment on your behalf to pay the price or other related fees under the Sales Contract.
(2) You agree that when you apply to use the Service and the Company approves your application, it shall mean that you have entrusted the Company or a company designated by the Company (hereinafter referred to as the "Designated Company") to discharge on your behalf the debt owed to the Merchant under the Sales Contract. As a result of discharging the debt on your behalf, the Company shall acquire claims against you, ownership of the subject matter and related ancillary rights, and all rights and interests arising under the Sales Contract. You also authorize the Company and the Designated Company to conduct account management and related operations, and the Company may also choose to have the Designated Company acquire the Merchant's claims against you.
(3) The Company retains the final right to approve whether your application to use the Service is accepted. Once approved by the Company, the Company shall, after deducting handling fees and related expenses, make a one-time payment on your behalf to discharge the debt owed to the Merchant and assume the claim. You acknowledge and agree that the Company discharges the debt on your behalf, and you shall repay the debt to the Company by installments in the agreed manner.
(4) You understand that any grounds legally available to you against the Merchant by reason of your conclusion of the Sales Contract with the Merchant may also be asserted by you against the Company, including but not limited to the right of simultaneous performance defense under Article 264 of the Civil Code.
B. Application Documents:
(1) You warrant that the information entered and declarations of intent made on the Platform are accurate and true, and that the purpose of using the Service is to apply for the Company to discharge the price under the Sales Contract on your behalf. You further warrant that you shall not apply by using another person's name or identity documents, shall not deliver identity documents or other relevant documents provided to the Company to another person, shall not engage in false or untrue transactions with the Merchant, and shall not use fraud by any other means to obtain improper benefits through the Service.
(2) You agree to use electronic documents as the method of expressing your application for payment under the Service, and authorize the Company to amend the information you have entered on the Platform in accordance with the contents of the Sales Contract.
(3) If, after review, the Company refuses to provide the Service to you, or when you have fully repaid the installment price under the Service, you agree that the Merchant and the Company are not required to return any information you filled in when applying to use the Service, and you authorize the Company to destroy such information directly.
C. Repayment Method and Service-Related Fees:
After you apply to use the Service, you shall repay the debt to the Company by installments in the agreed manner and pay the fees related to the Service. Please refer to Appendix 1 for details.
D. Restrictions on Disposal of Goods Subject to the Sales Contract:
If you apply to use the Service, the goods purchased from the Merchant and subject to the Sales Contract shall be purchased by installment payment under a "conditional sale" as prescribed in the Secured Transactions Act for Movable Property. You may only take possession of the goods subject to the Sales Contract in advance, and shall keep, possess, and use them with the care of a good administrator. Before all installment payments have been fully performed and repaid, after the Company has made subrogated payment on your behalf under the Service, the Company shall retain ownership of the goods subject to the Sales Contract, and you shall not dispose of the subject matter without authorization, including but not limited to selling, transferring, pledging, pawning, or creating a chattel mortgage over it in favor of another person. If you violate this provision, you shall repay the remaining amount in one lump sum, and the Company will file a criminal complaint for embezzlement against you.
E. Liability Relating to Goods Subject to the Sales Contract:
You understand and agree that the Company is not the importer, seller, or distributor of the goods subject to the Sales Contract. Any liability for defects, after-sales service, insurance, warranty, gift liability, and any other dispute arising from the Sales Contract shall be handled by the Merchant, and the Company shall have no involvement or liability.
F. Consumer Dispute Handling Method:
(1) If you have any consumer dispute or complaint, you may report it to the Company's customer service hotline at (02) 7721-2177 so that the dedicated unit may assist you in handling it.
(2) You understand and agree that if any consumer dispute arises from the Sales Contract, except where you have applied for mediation with a consumer protection agency or filed a lawsuit with a judicial authority and obtained relevant proof that payment of installment debts may be suspended, you shall not stop paying installment debts on your own. Thereafter, if it is proven that there is no consumer dispute under the Sales Contract, or that the occurrence of the consumer dispute is not attributable to the Company or the Merchant, after you are notified by the Merchant or the Company, you shall pay the Company late interest, default penalties, and other expenses derived from the consumer dispute, if any, calculated in accordance with Appendix 1 of these Terms of Service from the day following the due date.
G. Distance Transactions:
(1) If your Sales Contract with the Merchant involves a consumer transaction conducted by door-to-door sale, facsimile, communication, internet, or similar means, and does not fall within the exceptions prescribed in Article 19, Paragraph 2 of the Consumer Protection Act, you may, within seven days after receiving the goods subject to the Sales Contract, notify the Merchant by letter or directly return the goods with the packaging kept intact.
(2) Unless you and the Merchant have separately agreed that trial use is permitted, if the goods subject to the Sales Contract are returned within the foregoing period but have not been restored to their original condition, you shall separately pay the costs of restoration.
(3) You agree that upon receipt of the goods subject to the Sales Contract, you shall immediately inspect them, and if any defect is discovered, you shall immediately notify the Merchant. If you fail to notify of the defect, you shall be deemed to have accepted receipt of the goods subject to the Sales Contract, and the risk of the goods subject to the Sales Contract shall be borne by you from the time you take possession of the subject matter.
H. Assignment of Rights:
Except with the written consent of the Merchant and the Company, you shall not assign, sub-lend, pledge, or otherwise engage in any act that impairs the rights and interests of the Merchant or the Company with respect to the rights you enjoy or obligations you bear by reason of using the Service.
I. Notice of Change of Service Address:
If there is any change to the address you have retained on the Platform, with the Company, or with the Merchant, you shall immediately apply for change on the Platform or notify the Company. If you fail to complete the notification obligation, the originally retained address shall remain the service address, and service shall be deemed completed after the ordinary mailing period. If, due to a cause attributable to you, the Company needs to resend a statement or send a supplemental bill, you agree to pay the Company a handling fee of NT$200 each time.
4. Payment Limit for Service Payment Applications
A. You understand and agree that the Company will confirm the maximum amount for which you may use the Service (hereinafter referred to as the "Payment Limit") after internal review.
B. You understand and agree that the Company may at any time re-review the Payment Limit in accordance with your use of the Service, your credit records, and other information, and may adjust or change your Payment Limit based on the review results, including changing your Payment Limit to NT$0, or terminate your right to use the Service. The Company shall not be liable for any damage caused to you as a result.
C. The Company will continuously observe your repayment ability and consumption behavior, dynamically assess your credit status, and reasonably evaluate your repayment ability. If any abnormal situation is discovered, the Company will proactively contact you and, depending on the severity of the abnormal situation, formulate a debt assistance mechanism with you to avoid improper excessive financial burden. If you are a student consumer, the Company will adopt a more rigorous credit assessment method.
D. You may use the Platform to inquire about Merchant information, promotional information, payment applications and transactions, installment payments, Payment Limit, and other matters. With respect to any information obtained by you through inquiry on the Platform, you agree to bear a confidentiality obligation and shall not arbitrarily reproduce, copy, or disclose it to any third party.
5. Undertakings and Liability for Breach
A. When using the Platform and the Service, you shall comply with the laws and regulations of the Republic of China, these Terms of Service, and any rules related to the Platform or the Service.
B. If any of the following circumstances occurs when you use the Platform and the Service, the Company may at any time, without prior notice, directly reject your registration or application, cancel your member account, and restrict, suspend, or terminate your Payment Limit, qualification, and rights to use the Service. You shall bear all legal liability on your own. The Company shall not be liable for any damage arising therefrom. If your foregoing conduct causes damage to the Company or any third party, including but not limited to litigation costs and attorneys' fees, you shall be liable for compensation:
(1) Any act that affects, interferes with, or obstructs the normal operation of the Platform, account application, transaction processing, installment payment, systems, procedures, or the like;
(2) Any violation of laws or regulations or these Terms of Service, or any risk of such violation;
C. If your member account qualification is restricted, suspended, or terminated, including but not limited to your discontinuation of use of the Platform and the Service, cancellation, restriction, or termination of your membership, or cessation of Platform services, the rights and obligations that arose prior thereto, including but not limited to the Company's accounts receivable claims against you, shall not be affected.
6. Disclaimer
A. The Company may, based on business considerations, change or discontinue any content of the Service at any time, or terminate your use of the Service. The Company shall not be liable to you or any third party for any decision to discontinue or change the Service or terminate the Service.
B. The Company will maintain the availability and confidentiality of the Platform; however, it does not warrant that the Platform is fully compatible with your mobile device, nor does it warrant that the Platform is free of errors or defects. The Platform may interrupt, suspend, or stop the Service due to obstacles or failures involving equipment, systems, networks, electricity, and the like, system maintenance or repair, force majeure, or other factors. Therefore, the Company does not warrant that the Platform and the Service will be stable, secure, available, error-free, or uninterrupted. The Company shall not be liable for any inconvenience or damage to you or any third party caused by service interruption, suspension, or cessation, including but not limited to direct or indirect damages such as increased transaction time, loss of transaction qualification, or expected benefits.
7. Protection of Intellectual Property Rights
A. The software, interface, programs, and other content used on the Platform, including but not limited to trademark rights, patent rights, copyrights, trade secrets, proprietary technologies, and the like, are legally owned by or licensed to the Company. Without the Company's consent, no person may use, reproduce, adapt, edit, publicly transmit, publicly display, publicly broadcast, publicly present, distribute, publish, reverse engineer, decompile, or reverse assemble any such content without authorization, nor may any person collect or use any data or information on the Platform by human, machine, or any other means. In the event of any violation, you shall bear all legal liability on your own and shall be liable to compensate the Company for damages.
B. When the Company markets or promotes the Service, the goods names, service names, designs, and the like related to the Service (hereinafter referred to as the "Service Trademarks") are protected under the Trademark Act of the Republic of China, the Fair Trade Act, and other applicable laws according to their registration or use status. Without the Company's prior written consent, no person may use the Service Trademarks in any manner.
C. Any act by a Merchant of entering or providing product information, installment price information, personal data, uploaded images, or the like on the Platform shall be the sole responsibility of the Merchant. The Company shall not be liable for the truthfulness, completeness, or accuracy of such content.
8. Exclusion of Anti-Social Forces
A. You warrant that you yourself, or your representative, directors, managers, and supervisors, have not in the past been, are not currently, and will not in the future be, a crime syndicate, member of a crime syndicate, person who has ceased to be a member of a crime syndicate for less than five years, enterprise affiliated with a crime syndicate, corporate racketeer, criminal group advocating a social movement, criminal group advocating a political movement, organized intelligent-crime group, or any other anti-social force (hereinafter referred to as "Anti-Social Forces"). You further represent that you are not currently and will not in the future be involved in or engage in any of the following Anti-Social Force matters:
i. Operating a business directly or indirectly controlled by Anti-Social Forces.
ii. Having a substantive relationship with Anti-Social Forces.
iii. Improperly using Anti-Social Forces for the purpose of pursuing improper benefits for yourself, your company, or a third party, or with the intent to damage a third party.
iv. Providing funds or other unreasonable benefits to Anti-Social Forces.
v. Your related personnel or persons who actually influence operations having socially condemnable relationships with Anti-Social Forces.
B. You warrant that you have not engaged in any of the following acts:
i. Engaging in violent acts or using threatening language.
ii. Making demands of a violent nature.
iii. Making improper demands beyond what is permitted by law.
iv. Spreading rumors, or damaging the reputation of the other party or obstructing the other party's business through deception or threats.
v. Other improper acts contrary to what is permitted by laws and regulations.
C. If the Company discovers that you have engaged in any conduct under this Article, or if any of the foregoing representations or undertakings is found to be false or untrue, the Company may directly stop providing the Platform or the Service without notice.
D. If the Company terminates provision of the Service to you due to any matter under this Article, you shall not claim damages from the Company on such ground.
E. If you violate this Article, the breaching party shall compensate the Company for the damages and expenses incurred thereby, including but not limited to court costs, administrative penalties, settlement payments, and reasonable attorneys' fees.
F. If you use a third party to engage in the foregoing acts or violate this Article, you shall bear the same liability.
9. Governing Law and Jurisdiction
These Terms of Service and any rules related to the Platform or the Service shall be governed by the laws of the Republic of China. You further agree that if any dispute arises from these Terms of Service, the Taiwan Taipei District Court shall be the court of first instance jurisdiction.
Appendix 1: Repayment Method and Service-Related Fees
A. Installment Price Repayment Details for the Service:
(1) You understand and agree that the details of amounts, handling fees, and other information that you shall repay to the Company by installments due to your use of the Service shall be based on the payment slip for the Service or the Platform page. The Company will disclose on its official website or app the interest rates, total price, number of installments, and calculation methods for late interest and other fees payable in the event of failure to make payment on schedule, in order to ensure that necessary transaction information is fully disclosed.
(2) You agree to make payments on time according to the payment method stated on the Platform page. If, in the future, due to changes to the Service, payment can no longer be made by the original payment method, you agree to make payment by another method as instructed by the Company.
(3) The specifications, quality, quantity, and other matters concerning the goods subject to the Sales Contract shall be based on the shipping certificate provided by the Merchant. If the goods subject to the Sales Contract are motorcycle products, you agree that the Merchant or its performance assistant may provide a photocopy of the motorcycle vehicle registration directly to the Company; otherwise, you shall be deemed to have waived your application to use the Service to purchase the goods subject to the Sales Contract, and you shall repay all amounts in one lump sum after receiving notice from the Merchant or the Company.
B. Calculation Method for Service-Related Fees:
(1) The total price at the cardless installment service sales venue already includes handling fees, and no additional interest or other fees need be paid.
(2) Customized goods are made according to the specifications requested by the member. Pursuant to Article 2, Paragraph 2 of the Regulations on Reasonable Exceptions to the Right to Rescind Distance Sales, the above goods are not subject to the seven-day unconditional return policy.
(3) If there is any change to the fees for the Service, the fees displayed or announced at the time of the transaction shall govern.
(4) The thresholds for bill deferral and bill installment services shall be based on the amounts and conditions announced at the time of use.
C. Account Processing Fees:
If you need to make payments, receive refunds, or the like due to your use of the Service, you agree to bear any transfer fees or processing fees arising therefrom.
D. Loss of Benefit of Time:
(1) If you are late in payment, violate these Terms of Service, have a dishonored check, suffer credit deterioration, are refused banking transactions, become subject to provisional execution or provisional attachment, become subject to a bankruptcy petition or declaration, die, or experience any similar circumstance, all unmatured installment prices shall be deemed to become due in full in advance, and the Company may, without demand, directly require you to immediately repay all installment amounts.
(2) You shall also pay the Company, from the date of late payment or breach until the date of full repayment, late interest on the unpaid portion at the agreed annual interest rate of 16%, a default penalty of NT$500 per installment, or other additional expenses arising from collection.
(3) At the same time, the Company may, as needed, directly require you to deliver the goods subject to the Sales Contract, and may sell or otherwise dispose of them to satisfy all amounts owed by you to the Company due to your use of the Service.
E. Early Repayment:
If you intend to repay all unmatured installment prices in one lump sum before the installment prices are fully paid, you shall notify the Company in writing ten days before the repayment date. The Company may charge an "early settlement processing fee" in accordance with the following provisions:
(1) If the number of unmatured installments for a single transaction exceeds one-half of the total number of installment payments, NT$300 shall be charged each time;
(2) If the number of unmatured installments for a single transaction is equal to or less than one-half of the total number of installment payments, NT$150 shall be charged each time.
(3) The early settlement processing fee will be charged in one lump sum together with all unmatured amounts.
F. Handling of Delinquent Accounts:
(1) If you fail to fully pay the installment prices when due, the Company will urge payment by telephone and letter, and, when necessary, contact the contact person based on the contact information you have retained on the Platform to ask the contact person to relay the payment request to you.
(2) If you are late in payment, violate these Terms of Service, have a dishonored check, suffer credit deterioration, are refused banking transactions, become subject to provisional execution or provisional attachment, become subject to a bankruptcy petition or declaration, die, or experience any similar circumstance, all unmatured installment prices shall be deemed to become due in full in advance, and the Company may, without demand, directly require you to immediately repay all installment amounts. You shall also pay the Company, from the date of late payment or breach until the date of full repayment, late interest on the unpaid portion at the agreed annual interest rate of 16%, a default penalty of NT$500 per installment, or other additional expenses arising from collection.
(3) The Company's collection process for delinquent accounts shall be conducted in accordance with relevant laws and regulations. When collection is conducted through an outsourced institution, the Company will regularly inspect its conduct and prevent improper collection practices.
