TERMS AND CONDITIONS

Last Updated January, 2018

Please review these Terms and Conditions and all related policies and terms before using this Website.

These Terms and Conditions apply to the use of www.costco.com.tw (the “Website”) and our sale and supply of goods and services via this website.

The website is the property of Costco President Taiwan, Inc. (“Costco”or “Company”), which provides you access and use of this website subject to your compliance with these Terms and Conditions and all related policies and terms (collectively, the “Terms”). The Terms include, but are not limited to, the Privacy Policy and “Online Shopping Terms and Conditions”.Please review these Terms and Conditions and all related policies and terms before using this Website.

By entering, accessing, browsing and using this website, you agree to accept the Terms and be bound by all applicable laws and regulations. If you do not agree with being subject to the Terms or applicable laws and regulations each time you use the Website, or if you do not have the permission to agree with being subject to the Terms, you may not use this site.

The following links provide detailed information relating to the Company's Terms of Use:
 

The links below provide detailed information about our Terms. Please read them carefully:

A. Relevant policies and terms
A number of additional terms are applicable when using specific part of the Website and purchase specific goods or services, as part of the Terms of the Website. See all additional terms, including but not limited to the following Online Shopping Terms and Conditions.
  1. Registration and Account
  2. Order and Delivery
  3. Returns and Refunds
The Terms applies only to your entering, accessing, and using the Website, and does not affect, in any way, other mutually agreed terms between you and Costco on goods, services or other matters.

Costco has adopted privacy statement, which you should refer to in order to fully understand how the Company use and gather information. See the page of Privacy Statement for Costco's privacy related operation.
B. Amendment of the Terms
Costco reserves the right to amend the Terms at any time at its discretion, and only Costco has such right. In case of any changes to the Terms, the Company will publish the new Terms on the Website and change the date of “last updated on”. The amendment of the Terms comes into force upon being published. If you use the Website after the amendment is published, you are regarded as agreeing to the new Terms.
 
C. Authorize entering and accessing information on the Website
Costco authorizes limited usage of the Website for your personal interest. Such authorization does not include (and not limited to the following):
  1. resell or use the Website or the Website Materials (defined as below) for commercial purposes;
  2. modify, edit, translate, reverse engineer, decompile, interpret or translate, or make visible any Website materials intended to be invisible, including using or directly viewing the original HTML coding or other coding of the Website, except for materials translated or presented as web browser format;
  3. copy, imitate, reflect, reproduce, distribute, publish, display, perform, post or transmit any website material (including Costco trademark) in any format or any method (including but not limited to, electronic device, machine, photography, recording, or other device);
  4. collect and use any product catalogues or description;
  5. use the Website or any material on the Website for derivative purposes; or
  6. use any data mining, bots, spiders, automated tools, or similar collecting and extracting methods, directly or indirectly on any materials on the Website, or collect any information from the Website or other users. Except as otherwise provided in the foregoing, you are not authorized or licensed the patents, trademarks, copyright or any proprietary rights of Costco or any third party, in any implicit, estoppel or any other ways.
    Without explicitly written permission from the Company, you may not use any meta tags or other hidden text using the name, trademarks or product names of Costco. “Website Materials” refers to this all of the materials and content of the Website, including but not limited to trademarks (as defined in the Terms of the Website), design, product description, HTML text, pictures, other files, photographs, software configuration, and the screening and configuration of design format and channel.

    If you cause or allow any unauthorized usage of the Website, the Company may terminate the authorization and terminate your usage, entry, and access to the Website. Such behavior of yours may violate laws including but not limited to copyright laws, trademark laws (including product appearance), and communication acts. The Company reserves the right to prosecute all those who violate the Terms within the maximum range permitted by relevant laws and regulations Unless otherwise restricted by law, the Company's failure to enforce any Terms stated herein does not waive its right to enforce in the future.
D. Change, typographical error, error and cancelation
With the premise of complying with all applicable laws and regulations, the Company:
  1. reserves the right to modify the goods or services advertised or offered through the Website, the prices or specifications of such goods and services, as well as the promotional content and other Internet material, at any time without additional notice nor being held responsible for you or any third person;
  2. makes a good faith effort to accurately reflect in-stock conditions, but does not guarantee the availability of the goods or services advertised or offered on the Website during and after your order;
  3. reserves the right for restricted sales or limited number of available items;
  4. endeavors to provide accurate and complete Website Materials (including but not limited to product description or photos) but does not guarantee that such Materials are free from error, or impeccable; and
  5. reserves the right to cancel, terminate or not fulfill the order (including not accepting the order) in case good faith and obvious errors occur in the prices or other critical information on the Website, or the Company believes that there is abuse of the company's policies. If the Company does not fulfill the order based on these circumstances, the Company will notify you of the cancellation of your order, and will not charge you the order or credit limit that you have used to pay for the order. Some areas may not allow the exclusion of responsibilities and disclaimer against implicit warranties, therefore, some parts of this section of the Terms may not apply to you.
If the Company shall charge sales tax on the goods and services you purchase according to the laws, the tax shall be automatically calculated into your purchasing price.

Nothing in these Terms or elsewhere on this Website constitutes an offer to sell or supply goods or services. Your order of goods or services constitutes an offer to purchase them subject to the Company's acceptance.
Title to goods that you order will not pass to you until we have received payment in full for the goods concerned and the goods are delivered to you. We reserve our rights to retain the goods, or recover them from you, at any time until you have paid in full. The risk of loss of or damage to goods that you order will pass to you when you receive the goods.
E. Member ID, password and security
If you access the Website using your member ID and password, you are responsible for maintaining the confidentiality and safety of your member ID and password. Your account ID and password is for your personal use only, and regardless of whether being typed in by you personally, it is presumed that you are using the account, therefore you shall bear full responsibility for all actions taken under the account. In the event that your account ID and password have been stolen or facing other security issues, you must notify the Company immediately. Based on necessary or reasonable requirements to maintain the security of the Website, the Company reserves the right to take any and all actions, including but not limited to terminating your account, changing your password or requesting for authorization upon your transaction. If
  1. The Company takes any action or non-action according to the Terms, or
  2. Your account ID and password are compromised, or
  3. Any damage occurs under any unauthorized usage of your account ID and password, the Company may log in your account or use your account ID and password only on the conditions of investigating fraud, technical issue and the like to the extent permitted by law without assuming any legal responsibilities.
F. Intellectual property
1. Ownership
All materials on the Website are the property of the Company's and other relevant parties, under the protection of the laws of the United States and the Republic of China.
2. Trademarks
COSTCO, COSTCO WHOLESALE, COSTCO.COM.TW, KIRKLAND SIGNATURE, TRUNATURE, HSD and KKL and the relevant design and/ or logo are Costco's trademarks or registered trademarks, and may not be copied, imitated or used, in whole or in part, without the prior written consent from Costco. In addition, the headers, customized pictures, button icons and presentations on all pages belong to Costco trademarks and/ or trade names, and may not be copied, imitated or used, in whole or in part, without the prior written consent from Costco. All other trademarks, registered trademarks, trade names and company names or logos herein are the property of their respective owners.
3. Usage restriction
Except as otherwise provided in the Terms, without prior written consent from Costco or the relevant intellectual property rights owner, you may not copy, reproduce, distribute, repost, download, present, post or transmit any materials and intellectual properties as described in the Terms, in any format or any method including but not limited to electronic device, machine, copying, recording, or other device. You may copy electronically or print part of the Website Materials for messaging, non-commercial and personal purposes. Without the prior written consent from Costco, any reproduction, modification, distribution, reposting, presentation or performance of the Website Materials for any other purposes not listed above, including commercial purposes, are strictly prohibited.
4. Copyright
If you wish to notify the Company any case of copyright infringement, please e-mail memberservice@costco.com.twor mail to:
Costco Taiwan
255 Min-shan St., Nei-hu Dist., Taipei
Please include the following information in the notification:
  1. The signature or electronic signature of the owner or authorized agent of the allegedly infringed copyright.
  2. Description of the allegedly infringed work
  3. Describe the details of allegedly infringed work and provide reasonably sufficient information that allows the Company to understand the subject
  4. Your address, telephone number and e-mail.
  5. A statement that you have, out of good will, confirmed that the accused usage is not authorized by the copyright owner, its agent or relevant laws.
  6. A statement that the information you are notifying is accurate, and you are the copyright owner or the authorized agent, otherwise you are willing to be punished.
  7. Repeat infringement of other people's copyright may result in the loss of the rights.
G. Software
With regard to any software you may access on the Website, including the archives, images, as well as the accompanying information contained in or generated from the software (hereinafter collectively referred to as “the Software”), Costco authorize your access in a non-exclusive and restricted manner. Costco retains all and the complete rights to the Software and all intellectual property rights. You may not copy, distribute, sell, change, decompile, reverse engineer, interpret the software or create derivative work.
H. Hyperlink
1. Hyperlink to the Website
You only have restricted and non-exclusive right to create hyperlinks to the homepage of the Website, and such hyperlink must not describe Costco or any of its products and services in a false, misleading, defamatory or other scandalous way. Such restricted authorization may be revoked at any time. Without the prior and explicitly written consent from Costco, you are not allowed to use or attach Costco trademark, logo, or other proprietary information (including images found on the Website, any text or configuration/ content of design on any pages, or any format contained in a page) as additional files using frame mode or frame technology. Without prior consent of Costco's, all the other forms of hyperlinks are prohibited. Except as otherwise provided in the foregoing, you are not authorized or licensed the patents, trademarks, copyright or any proprietary rights of Costco or any third party, in any implicit, estoppel or any other ways.
2. Third party content
The Website may contain hyperlinks to other sites or materials, or content provided by third parties., to the extent permitted by law, Costco does not provide any representation or statement on their quality, content, nature or reliability, nor does Costco assume any responsibility.
I. Information submission
1. Your information
If you login to the Website, you agree that all the information you provide to the Company is up to date, accurate and complete.
2. Other Information
You agree that there is no confidentiality contained in any of the materials you provide Costco via e-mail or post on the Website (hereinafter referred to as “Submit”), including but not limited to questions, comments, suggestions, ideas, plans, notes, pictures, original content or other information (the Company's Privacy Statement applicable), and that you shall be solely responsible for the content that you submit. You hereby also authorize (or guarantee the owners of the content you submit have agreed to authorize) the Company or the Company's assignee, perpetual, royalty-free, irrevocable, unrestricted, non-proprietary, worldwide, transferable and renewable right to use, copy, reproduce, alter, edit, publish, translate, create derivative works, distribute, perform, display and otherwise use the content of your submission or any ideas, concepts, techniques or technology related to such content in any form, media, technology or any future technology, including but not limited to [list platforms] , or any purposes, whether commercial or not, without having to compensate you or any other person, nor having to bear any liability, and neither the Company nor the Company's assignee has confidentiality obligations or other responsibilities; you hereby waive all non-property rights, or agree, represent and guarantee that all non-property rights related to the submitted content (including but not limited to name indication right, publication right and integrity right) have been waived irrevocably based on the interests of the Company or its assignee.)
3. Submission restriction
By using the Website, you agree not to engage in any of the following actions:
  1. Upload, distribute or in any other ways publish any unlawful, libelous, defamatory, obscene, pornographic, inappropriate, lewd, disturbing, threatening, invasive of privacy or public rights, cursing, provocative or other unpleasant message, information, text or other material and content (hereinafter referred to as “the Content”) through the Website.
  2. Upload or transmit any content constituting or encouraging criminal offense and infringement of others' rights, or will thus have derivative liability or violate any local, national or international laws and regulations;
  3. Upload or transmit any content that may infringe others' patents, trademarks, business secrets, copyright or other intellectual property or proprietary rights. By posting any content, you represent and warrant that you have the legitimate right to distribute and reproduce such content;
  4. Act as any other natural person or entity, or otherwise misrepresent as the affiliation with a natural person or entity;
  5. Upload, distribute or in any other ways publish messages of charitable needs, countersigning request, sending chain letters or letters related to multi-level (direct) selling, fund raising advertisement or request, political campaign, sending large amount of e-mails, providing any unsolicited commercial e-mail or “spam” (whether or not the message is in compliance with the relevant and applicable e-commerce laws), or providing or distributing untrue goods, services, plans or promotion through the Website; and
  6. Distribute any harmful content of any kind, including but not limited to viruses, Trojan horses, worms, time bomb, zombies, cancel bots or other general computer programs that will possible damage, interfere, interrupt or inappropriately suspend or use any system, program, data or personal information.
4. Policies and reinforcement
All entry, access to and usage of the Website are bound by the Terms of the Website. The Company has the right but not the obligation to monitor the activities and content of the forum and interactive section of the Website. The Company may at any time access information stored in the system (including any e-mail or other contact content), and based on legitimate purposes use the content for internal usage within the scope of specific purpose permitted by law. Unless otherwise permitted by law, the Company may not disclose such information to any third party. The Company may investigate any report or accusation of violation of the Company's policies, and take what the Company believes to appropriate actions. Costco has the right but no obligation to take any appropriate actions it thinks fit, including but not limited to issuing a warning, temporarily suspending or terminating your entering, access to, and usage of the Website and related services at any time, and block, remove or edit the content of any communication and any item that Costco at its discretion believes to be in violation of applicable laws, the Terms, or third party rights. Costco shall not take any responsibility for the content that you or a third person post or upload, or any mistake, defamation, slander, negligence, false statement, obscene, pornographic or profane situations you might encounter.
5. Personal responsibilities
You should be responsible for any messages or other information you upload or transmit to the forum or interacting sections of the Website. Any request, litigation, claim, loss or damage (including attorneys' fees) advocated or borne initiated by a third party and as a result of your action, violation of the Terms, or infringe third party rights, you agree to compensate Costco or its parent company, subsidiaries, affiliates, employees, agents and representatives of the damage and protect them from further damage. If any third person acting as the agent for the Website user indirectly or attempts to violate the Terms or any policies, and has actually or attempted to violate such terms and policies, it shall be deemed as a violation of the Terms by the user himself.
J. Third party financial information
The Company provides links and access to third party websites or services that contains a number of information as a complementary service for people with interest in such website or service information. Costco does not regularly monitor the content of the third party statements or websites, nor does Costco take any responsibility for such content. Therefore, Costco does not endorse or adopt such websites or any information contained therein. Costco does not provide any representations or warranties with respect to its accuracy or completeness.
K. Minors
The Website is designed and provided for adults. If you are under 20, you must use the Website accompanied by a parent or guardian. If you are the parent or guardian, you should monitor and supervise the children, minors and other people that you attend to on their usage of the Website.
L. Disclaimer
The Website together with its content and materials are provided “as it is” without any kind of warrant, explicitly or implicitly. Costco hereby disclaims any explicit or implicit warranties for the Website and any materials, content, services and goods on the Website, including but not limited to their merchantability, fitness for a particular purpose, ownership and implied non-infringement warranties. You expressly agree to willingly bear the risks of using the Website (including all content, information or software distributed, downloaded or accessed through the Website). The reference of any goods, services, processes or other information for trade names, trademarks, manufacturers, suppliers or any other matters does not represent that Costco offers endorsement, sponsorship or recommendation.
M. Limitation of liability
Unless otherwise expressly provided by law, for any kind of direct, special, punitive, exemplary, indirect or consequential damages or other damages due to using or inability to use the Website or the materials contained in or accessed through the Website, including but not limited to inability to use, loss of profits, or loss of data, regardless of being contract, infringement (including but not limited to being caused by negligence) or conduct of other nature, Costco assumes no responsibility.

In any case, for all the related cumulative liability derived from using the Website (whether based on contract, warranty, infringement, product liability, or any other legal basis), Costco compensates at most $5 USD or the amount of what you have paid to Costco (whichever is lower).

Some areas do not allow limitations on responsibilities for implicit warranties, or the exclusion of or limitation on incidental or derivative damages. If such statute shall apply, some or all of the foregoing disclaimers and statements of exclusion or limited liability may not apply to you, and you may have other rights in addition to the foregoing rights.
N. Restrictions of governing law, competent court and litigation
The Terms shall be governed by the laws of the Republic of China and construed in accordance with such laws except for the law of conflict of laws. No matter from where you enter and access the Website, you agree that any legal proceedings caused by or related to the Terms shall be filed at the Taipei District Court and tried only at such courts, and you hereby irrevocably and unconditionally agree that such courts are the exclusive competent court for any litigation, legal action or procedure caused by the Terms.
O. Termination
Notwithstanding the provisions of the Terms, if you violate the Terms or the Website's policies, Costco reserves the right to terminate your usage of the website and block your entry, access to and usage of the Website at its discretion. We will post a notice of material changes to these Terms on the landing page of the Website for a reasonable time before and after we make them, and encourage you to review these Terms occasionally to confirm that you are in agreement with them.
In case you improperly use this Website, for or through any illegitimate purpose or means, or act against any laws and regulations or public order and good morals, thus causing problems for the administration of this Website or any damages to the Company, including but not limited to making unreasonable returns and refunds or cancellation of orders after purchasing or preordering any goods or services via this Website, the Company may, at its discretion, reject all or part of your transaction or usage of the Website or temporarily suspend or permanently terminate your usage of the member ID without prior notice.
P. Agree to contact via e-mail
When you visit the Website or send e-mail to the Company, you are contact the Company in electronic manner. You hereby agree to accept contact from the Company in electronic manner, and agree that the Company may contact you via telephone, SMS, e-mail or posting notification on the Website. Unless you specifically request otherwise, the Company will not list the details of your personal financial or medical information in the e-mail. You acknowledge and agree that sending unencrypted e-mails through the Internet is not always secure and the e-emails may be read by others, and you agree that when you request the Company to e-mail you, you authorize the Company to transmit or disclose your information at any time without encryption. You also acknowledge that sending e-mails with such information does not mean saving it in a secured way.
Q. The same legal effect
This electronic file and the other electronic documents, policies and guidelines contained herein shall be:
  1. for all purposes, deemed as “written” or “in writing” and complying with all requirements of laws, agreement and other legal regulations related to “in writing";
  2. equivalent of signing a written document and shall be performed to involved parties who are subject to the electronic document laws; and
  3. when printing the electronic records created and saved during regular business activities, the printed documents shall be deemed as the “original copy". When presenting the electronic documents as the evidence for any judicial, arbitration, mediation or administrative procedures, if such documents are created and saved during regular business activities, such electronic documents shall be adopted within the same range as any written business records created and saved in similar manner.
R. Severability
If any of the provisions of the Terms has been confirmed as illegal, invalid or unenforceable for any reason, such provision shall be deemed severable from the remaining provisions of the Terms, therefore does not affect the validity and enforceability of the remaining provisions.
S. Waiver
If any party waives to claim their rights against any violation of the Terms, regardless explicitly or implicitly, it shall not constitute a waiver of claiming their rights against continued violations, or against any previous or subsequent violations.
T. Contact us
If you have any questions about using the Website, please feel free to contact us:
  1. Send e-mails to: memberservice@costco.com.tw
  2. Mail letters to: Costco President Taiwan, Inc., 255 Min-shan St., Nei-hu Dist., Taipei, Taiwan.
Annex A
Registered trademarks currently owned by Costco are:
COSTCO, COSTCO WHOLESALE, THE COSTCO CONNECTION, GOLD STAR, KIRKLAND SIGNATURE, TRUNATURE [pending application], PRICE CLUB, , CANINE CLUB, , COURT CLASSIC, and FUNHOUSE TREATS.
好市多亦可能使用其他未經註冊之商標。
Costco may also use other unregistered trademarks.