Purchase Orders

Merchandise and/or services displayed through the Gogoro Online Store shall not constitute an offer to purchase from Gogoro. Placing of purchase orders and processing payments by you do not automatically establish a purchase contract; instead, you are only deemed to have made an offer to Gogoro to purchase merchandise or services (regardless of what is displayed on the link you choose, the instructions you receive or the button you click on, such as "send purchase order", "payment complete", "transaction complete" or other similar text). Any and all communication from Gogoro, such as emails or similar notices, are confirmation that an offer from you has been received, in no event shall they be deemed as a commitment or a representation from Gogoro Online Store in response to your offer.

You understand, acknowledge and agree that Gogoro Online Store reserves the right of final approval regarding your purchase offer, Gogoro Online Store is not bound by such offer, until Gogoro Online Store expressly accepts and confirms your purchase order thus making it a valid contract, Gogoro Online Store may in its sole discretion amend or cancel its products or services without incurring any legal obligation.

You acknowledge and agree that the content of the merchandise or services shall be governed by the product specifications, the user manual and/or purchase contracts, all information and data provided by the Gogoro Online Store for merchandise or services, including but not limited to audio and video, specifications, photos, instructions or such general statements are provided for your reference only.

Gogoro will exert commercially reasonable efforts in providing the most appropriate description and information regarding merchandise and/or services available through the Gogoro Online Store; however, you acknowledge and confirm that Gogoro does not warrant that the information provided by the Gogoro Online Store is up to date, complete, consistent or accurate, particularly the inventory quantity, pricing, and delivery dates are subject to change. You agree that if prices for merchandise or services available from Gogoro Online Store may appear erroneous to a consumer who is familiar with or has previously purchased a similar item, then Gogoro Online Store is entitled to cancel that purchase order and return the payment.

The delivery notice issued by the Gogoro Online Store represents the sole commitment towards your purchase offer. Upon its issuance, your purchase contract is formed.

If Gogoro Online Store, in its sole discretion, believes that you may have engaged or are engaging in any illegal or fraudulent conduct or any other criminal behaviors, are unable to fulfill your purchase contract, or may breach any provision of this Policy, in addition to any rights and remedies provided by applicable law, Gogoro Online Store reserves the right to refuse service or take any other action, including without limitation, canceling any rights, benefits or qualification for events that are granted to you by Gogoro or terminating any contractual relationship between you and Gogoro.

Prices

Unless otherwise indicated by Gogoro Online Store, the prices displayed do not include labor costs, delivery charges, commodity taxes, government fees and etc. You shall submit payment according to the date, amount and payment instructions provided by Gogoro Online Store. If you fail to complete payment, Gogoro Online Store reserves the right to initiate debt collection procedures, whether or not the merchandise or services have been delivered.

The amount payable for the merchandise and/or services shall be the price indicated on the delivery notice issued by Gogoro Online Store. Unless otherwise agreed upon by Gogoro Online Store, you shall not offset any payment against other transactions with Gogoro Online Store.

Where you use a third-party payment or similar payment method, you agree to comply with the terms of use provided by such third-party payment service provider. Gogoro Online Store assumes no legal liability whatsoever for such usage. You shall defend, indemnify, and hold harmless Gogoro and Gogoro's officers, employees, contractors, directors, suppliers, shareholders, predecessors, successors in interest and representatives from all demands, liabilities, loss, claims, and expenses, including reasonable attorney fees.

Delivery

Gogoro Online Store shall use commercially reasonable efforts in delivering the merchandise and/or services listed on the delivery notice within a reasonable time frame. However, you agree that variables such as remote locations, whether conditions, or traffic problems may cause delays and that Gogoro and Gogoro's officers, employees, contractors, directors, suppliers, shareholders, predecessors, successors in interest and representatives have no obligations whatsoever to compensate you for any damages because of such delays.

Changing the delivery address or delivery method are subject to additional fees. Pick-up location cannot be updated when using Omni-Channel Retailing.

The risk of loss for the merchandise and/or services transfers to you upon delivery to the destination you have designated. If you refuse to accept the merchandise/services without cause, continue to delay such acceptance, or disrupt the delivery for other reasons attributable to you, the risk of loss nonetheless immediately transfers to you. The transfer of the risk of loss does not impede on Gogoro Online Store's legal remedies, such as demand for payment of purchase price and/or additional costs.

Warranty

The return policy varies depending on the merchandise delivery method, you should peruse in detail and agree to the return policy before placing a purchase order. When you comply with the return policy, you may return the merchandise/service. The same applies for defective products.

In the event that the merchandise and/or services supplied through Gogoro Online Store are under warranty, the terms of warranty controls. In an event where the merchandise and/or services are provided by a third party, you agree to follow the terms of warranty for the manufacturers and/or service providers.

You shall use the merchandise and/or services according to the product specifications and/or user manual. Gogoro and Gogoro's officers, employees, contractors, directors, suppliers, shareholders, predecessors, successors in interest and representatives shall not be liable for any damages caused by improper installation or improper usage.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MERCHANDISE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You acknowledge that you are accessing the Gogoro Online Store at your own risk and you are solely responsible for any damage or loss incurred by you or by any other party resulting from your access, including any indirect, consequential, special, incidental, punitive, exemplary damages, including loss of use, data, business, revenues, or profits (in each case whether direct or indirect), under any theory of law, including but not limited to tort, breach of contract, breach of warranty, even if Gogoro knew or should have known that such damages were possible, and even if a remedy fails of its essential purpose, Gogoro and Gogoro's officers, employees, contractors, directors, suppliers, shareholders, predecessors, successors in interest and representatives shall not be liable for any damages. If compensation is required under applicable law, such compensation shall be limited to actual and pecuniary damages, with the following maximum dollar amounts:

If the damages resulted from a one-time purchase, the maximum compensation for damages shall be limited to the dollar amount of such purchase.

If the damages resulted from on-going periodic purchases (fixed time frame or otherwise), the maximum compensation for damages shall be the dollar amount of two (2) month's worth of purchases.

If the damages resulted from merchandise or services provided for free, the maximum compensation for damages shall be limited to 10 U.S. dollars.

To the fullest extent permitted by applicable law, the compensation (1) through (3) listed above are the sole and only remedies available to you for any and all possible damages caused by this Policy and your use of Gogoro Online Store, irrespective of the legal theory behind such damages.

Compensation

When your account is used to (i) place orders or other similar activities on Gogoro Online Store; (ii) use Gogoro Online Store to deliver, disseminate, or otherwise provide any content; (iii) violate this Policy; (iv) engage in tortious conduct towards another, if a third-party makes such a claim, you agree and shall defend, indemnify, and hold harmless Gogoro and Gogoro's officers, employees, contractors, directors, suppliers, shareholders, predecessors, successors in interest and representatives from all demands, liabilities, loss, claims, and expenses, including reasonable attorneys' fees. This clause shall stay valid even if the services provided by Gogoro Online Store has been terminated.

Notice

For notices address to you, Gogoro shall personally deliver, send registered mail or send electronic mail, to the physical or email address you have provided.

For notices addressed to Gogoro Online Store, you should personally deliver, send registered mail, fax or send electronic mail to the physical or email address listed in the delivery notice.

For legal documents including legal attest letters, you shall send registered mail to the following address:

Legal Department of Gogoro Inc.

No. 33, Dinghu Road, Guishan District, Taoyuan City, Taiwan

Other

Gogoro Online Store reserves the right to amend this Policy at any time as necessary. Gogoro Online Store may keep you informed of an amendment through a public announcement by posting the post-amendment contents or through other rational means, including but not limited to account bills. Unless otherwise specified in this Policy, the updated version of this Policy shall take effect on the announcement date. You are advised to check the latest version of this Policy from time to time or before each transaction to confirm the amendment, if any. In addition, your continued use of Gogoro Online Store after the announcement date of the updated version constitutes your understanding and consent to the amendment. In the event that you disagree with the terms of the amendment, you should stop using all of the services provided by Gogoro Online Store. Your decision to stop using Gogoro Online Store does not impact your payment obligations for previous transactions, if any.

You confirm your agreement that all disputes arising out of your use of Gogoro Online Store, including but not limited to the purchase order, transaction, delivery or product warranties, shall be governed by the laws of the Republic of China, and you further agree to attempt to resolve all disputes through amicable negotiations with Gogoro. If a dispute remains unresolved for 60 days, either you or Gogoro may petition to the Taiwan Taipei District Court for settlement through mediation. If the dispute still cannot be resolved through mediation, either you or Gogoro may seek remedies in accordance with applicable laws. You agree that all disputes arising out of this Policy and your use of Gogoro Online Store shall be governed by the Taiwan Taipei District Court as the court of first instance.