Acceptance of Terms of Use

The Terms of Use apply to any Gogoro website including but not limited to www.gogoro.com, network.gogoro.com and https://www.ridegoshare.com (collectively, the “Gogoro Website”), Gogoro products and/or services that include software and internet connectivity features, and any Gogoro application downloaded from any operating system, including each and every Gogoro application in the world (collectively, the “Service”) provided that Gogoro has no other more specific terms of use of a Gogoro Website and Gogoro application for a specific region and/or country.

Gogoro reserves the right, but has no obligation, to add, change, edit, amend, revise, modify or remove portions of the Terms of Use from time to time at its sole discretion without notice. The updated version of the Terms of Use will be effective on the date of posting unless indicated otherwise in such Terms of Use. You should periodically check the Terms of Use for the changes and your continued use of the Service after the posting of such an updated version of the Terms of Use will constitute your agreement and acceptance of the changes. As a condition to Gogoro’s grant to you a non-exclusive, freely revocable, non-transferable, personal and limited privilege to access and use the Service and the Content, you need to comply with the Terms of Use at all times.

You are entitled to use the Service and the Content only for the purposes expressly set forth on the Service and in the Terms of Use. You should never (i) post nude, pornographic, sexually suggestive , violent, discriminatory, disparaging, defamatory, hateful, or infringing content to the Service; (ii) select, solicit or otherwise collect credentials of other users, nor misuse own credentials; (iii) probe or test the vulnerability of the Service or any network linked to the Service, nor breach the security or authentication measures on the Service or any network linked to the Service; (iv) use for any illegal or unauthorized purpose; (v) make any additional representations or warranties relating to such content; (vi) violate intellectual property rights, reputation rights, privacy rights, laws or contracts of Gogoro or any third party; (vii) improper interference with the server or network system of this service or improper operation of other technical means; and (viii) Other acts that hinder Gogoro from operating the service or other users' use of the service, or other actions that Gogoro judges to be inappropriate.

Eligibility

If you are a person who has not full capacity for civil acts or who is unable to civil conduct independently under the laws of another jurisdiction, you shall, in company with your parents or custodian, review the Terms of Use and the terms of use and privacy policy of the Platform and only register a Personal Account, in company with your parents or custodian, after both you and your parents or custodian fully understand and agree with the Terms of Use and the terms of use and privacy policy of the Platform. Once you accept to comply with the Terms of Use and the terms of use and privacy policy of the Platform, Gogoro will grant you a non-transferable, non-exclusive, revocable right to access the Service or the Content.

You are solely responsible for ensuring that the Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service or the Content is revoked where the Terms of Use or your use of the Service or the Content is prohibited by or conflicts with any applicable law, rule or regulation. The Service and the Content are provided for personal and non-commercial use, and not for any third party’s use or benefit.

Content

The “Content” in the Terms of Use includes, without limitation, text, user interfaces, information, data, photographs, videos, audio clips, software, firmware, scripts, graphics, and interactive features generated, visual interfaces, trademarks, logos, sounds, music, artwork, computer code, design, structure, expression, “look and feel” and arrangement of such Content that are shown on or through the Service, or are downloaded through the App for using on, for or together with any Gogoro products. The Content is owned, possessed, controlled or licensed by or to Gogoro, and is protected by the laws, rules and regulations relevant to trade dress, copyright, patent, trademark, right of publicity, various other proprietary rights, intellectual property rights and unfair competition.

You acknowledge that your access to the Service or the Content is 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. Gogoro makes no guarantees that any of the Service or the Content you access is or will continue to be accurate, complete or available. Gogoro reserves the right, but has no obligation, to add, change, edit, amend, revise, modify or remove, restrict or block access to, all or any part of the Service or the Content, from time to time, at its sole discretion without notice and for any reason or for no reason at all. When using the Content, without any prior written approval from Gogoro, you (i) will not remove any proprietary notice language in any copies of the Content; ( ii) will only use such information for your personal, non-commercial informational purpose and will not copy or post such Content on any networked computer or broadcast such Content in any media; (iii) will make no modifications to any such Content; and (iv) will not make any additional representations or warranties relating to such Content.

Personal Account and Password

For the purpose of using the Service or the Content, you may be requested to provide the most updated, complete and correct personal information for Gogoro to register at any other platform provided by Gogoro (the “Platform”) an account exclusively for your personal and non-commercial use, including but not limited to create your personal ID and set up your password, or to choose to connect with your existing account established under any third party’s website, for instance, Facebook or Google+ (the “Personal Account”) , and to agree with and accept the Terms of Use and the terms of use and privacy policy of the Platform.

You shall be responsible in making sure that the personal information you provide stays updated and correct at all times and notify Gogoro if there are any changes. You understand and agree that if you are unable to receive information updates from Gogoro (including updates for this Terms of Use) or unable to use Gogoro Website due to inaccuracy or incompleteness in the personal information you provide, you shall be solely responsible for any and all damages caused by or related to such inaccuracy.

When you purchase any products or services or sign in for any events through the App or the Content, unless stated otherwise on the App or the Content, you must login in with your personal ID and password for accessing your Personal Account to proceed with any transaction or any other activities.

You agree that you will never disclose any information relevant to your Personal Account and shall always maintain the secrecy and security of the same, including without limitation, personal ID and password, to any third party and you will take all responsibilities, including but not limited to, any and all purchase and activities that occurs under your Personal Account. You also agree that Gogoro will attribute all the responsibilities to you for any use of the Service or the Content through your Personal Account; therefore, you should never disclose to any third party any information regarding your Personal Account.

In the event of any unauthorized use or any breach of security, including without limitation, any unauthorized use of your Personal Account, you should immediately inform Gogoro at contact@gogoro.com; if you are a GoShare service user, please contact GoShare via email (support.tw@ridegoshare.com); however, in no event shall Gogoro be responsible for any of your loss incurred by such unauthorized use of your Personal Account.

If Gogoro, in our sole discretion, believe that you may engage in any illegal or fraudulent conduct or any other criminal behaviors or may breach any provision of the Terms of Use, in addition to any rights under any applicable laws that Gogoro is entitled to execute, Gogoro also reserves the right to refuse service, terminate or suspend your Personal Account 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.

Invoice

Gogoro will issue invoices on all of your transactions according to applicable law, store these invoices in an e-Carrier, and noctify you when an invoice has been issued. If and when any of the invoices wins the invoice lottery. Gogoro will notify you within 10 days after the winning invoices have been announced. If you wish to obtain an electronic invoice certificate, please contact us through contact@gogoro.com; if you are a GoShare service user, please contact GoShare via email (support.tw@ridegoshare.com), we will send a paper certificate to an address of your choosing. Please safeguard the paper certificate as it cannot be reissued.

Electronic Records and Electronic Signatures

You acknowledge and agree that when you purchase or subscribe any goods and services from Gogoro, electronic records may be used in the transaction in accordance with the Electronic Signatures Act, and Gogoro may use electronic communication methods to exchange electronic records with you, including without limitation for contracts, product warranties, orders, shipping notice, invoice, and other documents created during your use of Gogoro Online Store. You acknowledge and agree that electronic records may be signed or stamped with electronic signatures or other electronic tools and methods as permitted by law, and the electronic records so signed or stamped shall have the same legal effect as traditional paper documents and wet ink signatures. Amendment, supplement, alteration or termination to such electronic records may be executed through the same use of electronic communication methods, which shall have the same legal effect as traditional paper documents and wet ink signature. Gogoro is committed to ensuring the safety, confidentiality, accuracy and completeness of electronic records and electronic communication methods and will take commercially reasonable precautions to protect the electronic records from unauthorized access, disclosure, alteration and destruction.

Delete Account

You have the right to delete the account using this Service (hereinafter referred to as "account"), and remove this application to terminate the use of this service, if the data and personal data retained or generated by you using this Service will be deleted or de-identification, and will affect the change of your related rights and interests in this service (including but not limited to Gogoro Rewards points, namely Gogoro Smart Points).Please note that your original Account and the above-mentioned information may not be able to be recovered and restored in any way after the deletion of the Account, even if you delete your account accidentally or regret it after deletion.

Unless otherwise and agreed by Gogoro, your Account will not be deleted under any of the following circumstances: (i) you still owe Gogoro and its affiliates related payments, such as service fees; (ii) there are still valid contracts or subscription services in between you and Gogoro and/or its affiliates, and the deletion of your Account will make it impossible or difficult to perform the aforementioned contracts or subscription services; (iii) You must first cancel or adjust certain functions or settings of the Account, for example, debundle the credit card associated with the Account or switch off automatic payment deduction function, etc.; or (iv) your use of the Service violates Terms of Use or any applicable law. Before submitting an application to delete your Account, you must check whether you meet the above conditions. If you are the user of any Gogoro application and you have one of the above situations, you may not be able to complete the deletion of your Account. Your Account will be deleted after the deletion process of the related application you used is completed. Gogoro shall not be liable for any incidental, indirect, or punitive damages for your Account deletion application and its results.

Please note that after the Account is deleted, you will no longer be able to use the App you deleted and other Gogoro Apps, and websites logged in with this Account (for example, Gogoro App / Gogoro Network APP / Eeyo APP / Gogoro Online Store / Gogoro Rewards), nor can you use the Account to perform any operational functions related to Gogoro products and services. You understand that Account deletion does not mean Gogoro's waiver or disclaimer of any responsibility arising from your use or operation of the Account prior to Account deletion. You represent and warrant that before the Account is deleted, you have thoroughly reviewed the Account usage history and confirm that Gogoro has provided products and services to you in accordance with all agreed contents. After you delete your Account, Gogoro will stop collecting, processing, and using your data and personal information through your Account. However, the data and personal information collected, processed, and used by Gogoro before the Account is deleted shall not be collected, processed, and used according to the relevant provisions of applicable laws. If it is necessary to delete or de-identify, Gogoro will keep and use it in strict compliance with applicable laws and regulations for the purpose of contract performance management, etc.

You know that deleting your Account does not mean the termination, cancellation, or invalidation of the contractual relationship between you and Gogoro based on specific products and services. Regarding the contractual relationship between you and Gogoro due to the aforementioned products and services and the rights and obligations derived therefrom, you should contact your Gogoro group companies whose contractual relationship shall be dealt with in accordance with the relevant provisions of the contract.

Privacy

Gogoro has a privacy policy that applies to use of the Service ("Gogoro Privacy Policy"), and Gogoro Privacy Policy is made a part of the Terms of Use by this reference. You should read Gogoro Privacy Policy (https://www.gogoro.com/tw/privacy-policy/) fully and carefully. By using the Service, you acknowledge that you agree to and accept Gogoro Privacy Policy. You also understand that any message or information provided by you to the Service may be read or intercepted by others.

Third Party’s Links

The Service may contain links to other independent third party websites or permit you to link to other websites, services or resources on the Internet (the “Third Party’s Links”). The Third Party’s Links are provided only as a convenience to you and the inclusion of any Third Party’s Links does not imply Gogoro’s endorsement or an association with the operators or owners of those third party websites. Gogoro has no control on Third Party’s Links and you acknowledge that Gogoro is not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of the Third Party’s Links or content thereof, and that Gogoro shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on anything on the Third Party’s Links or content thereof. You will need to make your own independent judgment with respect to your access to and interaction with the Third Party’s Links and you understand that any information you receive from the Third Party’s Links is not from Gogoro nor endorsed by Gogoro.

Disclaimer

THE SERVICE AND THE CONTENT ARE DELIVERED 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 TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL GOGORO PROMISE THAT THE SERVICE OR THE CONTENT WILL BE SECURE, ERROR-FREE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT YOUR USE OF OR ACCESS TO THE SERVICE OR THE CONTENT WILL PROVIDE ANY SPECIFIC RESULT THAT MEETS YOUR REQUIREMENTS, OR THAT YOU WILL BE NOTIFIED OR BE ABLE TO ACCESS ANY LATEST VERSION OF THE SERVICE OR THE CONTENT WILL BE AVAILABLE. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. ANY INFORMATION PROVIDED ON THE SERVICE IS FOR REFERENCE PURPOSES ONLY. GOGORO AND GOGORO’S DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND THE PROVIDERS OF THE CONTENT DO NOT WARRANT AND CANNOT ENSURE THAT ANY CONTENT YOU RECEIVE OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS OR DESTRUCTIVE FEATURES. GOGORO DISCLAIMS ANY AND ALL DAMAGE, LIABILITY OR INJURY FOR ANY ACTS, OMISSIONS, FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER MALWARE, UNAUTHORIZED ACCESS BY THIRD PARTIES IN CONNECTION WITH OR WITH REGARD TO YOUR USE OF OR ACCESS TO THE SERVICE, THE CONTENT OR THE THIRD PARTIES’ LINKS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OR ACCESS TO THE SERVICE, THE CONTENT AND THE THIRD PARTY’S SERVICES. THE SOLE REMEDY FOR YOU TO ENJOY AGAINST GOGORO FOR DISSATISFACTION WITH THE SERVICE OR THE CONTENT IS TO STOP USING THE SERVICE OR THE CONTENT. IN NO EVENT DOES GOGORO OR ANYONE AT GOGORO MAKE ANY REPRESENTATIONS NOR WARRANTIES WITH RESPECT TO ITS SERVICE NOR CONTENTS.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL GOGORO BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF GOGORO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFORESAID DAMAGES.

Notwithstanding any provisions of the Terms of Use to the contrary, if Gogoro is found by a court or other tribunal of competent jurisdiction to be liable for any liability, damage or loss in connection with or with regard to your use of or access to the Service, the Content, the Third Party’s Links or the Terms of Use, Gogoro’s liability will in no event exceed US$10.00. Any multiple claim or suit under or related to your use of or access to the Service, the Content, the Third Party’s Links or the Terms of Use will not enlarge or extend the aforesaid limitation of monetary damages.

Indemnity

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, due to or arising out of or in connection with your use or misuse of, or access to, the Service or the Content in violation of the Terms of Use. This indemnification will survive the termination or expiration of your use of the Service or the Content.

Governing Law and Jurisdiction

You agree that all matters relating to the Terms of Use or your access to or use of the Service or the Content, including all disputes, will be governed by the laws of Taiwan without regard to its conflicts of laws principles. In the event of any controversy or dispute between you and Gogoro arising out of or in connection with the Terms of Use or your use of or access to the Service or the Content, you and Gogoro will in good faith attempt to resolve any such controversy or dispute. If a resolution to any such dispute cannot be found within sixty (60) days, then either you or Gogoro may submit such controversy or dispute to mediation in the Taipei District Court. If such controversy or dispute cannot be resolved through mediation, then either you or Gogoro will be free to pursue any right or remedy available under applicable law. You agree that the Taipei District Court shall have the jurisdiction at the first instance for any and all disputes, claims and actions arising from or in connection with the Terms of Use or your access to or use of the Service or the Content.

Miscellaneous

You should not send your unsolicited ideas to Gogoro or anyone at Gogoro because Gogoro or anyone at Gogoro will not accept nor consider unsolicited ideas, including, without limitation, ideas for new product designs, technologies, processes, materials or marketing campaigns. To avoid any possible or potential dispute or misunderstanding, if Gogoro’s products or marketing plans happen to be similar to any unsolicited ideas you send to Gogoro or anyone at Gogoro, despite Gogoro’s request that you should not send any unsolicited ideas to Gogoro or anyone at Gogoro, you hereby agree to assign to Gogoro any unsolicited ideas you send to Gogoro or anyone at Gogoro, without any compensation to you. Gogoro will not treat any unsolicited ideas you send to Gogoro or anyone at Gogoro as confidential or proprietary and Gogoro may use or distribute your submissions of such unsolicited ideas and its contents for any purpose and in any way.

The Terms of Use constitute the entire agreement between you and Gogoro with respect to your access to and use of the Service and the Content, and supersede all prior or contemporaneous communications of any kind (whether oral, written or electronic) between you and Gogoro with respect to your access to and use of the Service and the Content. If any of the provisions of the Terms of Use are found to be unenforceable, void or invalid by a court or other tribunal of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms of Use and the remainder of the Terms of Use will continue in full force and effect.

You will not use or export anything from the Service or the Content or any copy or adaptation of such Content, in violation of any applicable laws or regulations, including without limitation Taiwan export laws and regulations.

Unless otherwise indicated in the Term of Service, Gogoro may give you all notices (including legal process) that Gogoro is required to give by any lawful method, including without limitation by posting notice on the Service or by sending it to any email or mailing address that you provide to Gogoro. You acknowledge it is your responsibility to keep your email and mailing addresses current and periodically to check for notices posted on the Service. You agree to send Gogoro notice at contact@gogoro.com; if you are a GoShare service user, please contact GoShare via email (support.tw@ridegoshare.com).

Gogoro’s failure to insist on strict performance of or enforce any part of the Terms of Use shall not be construed as or shall constitute a waiver by Gogoro of our right to later enforce that or any other part of the Terms of Use. No course of conduct between you or any other party and Gogoro shall be deemed to change or replace any provision of the Terms of Use. Any waiver by Gogoro of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with the Terms of Use to be binding, a written notice of the waiver of compliance in any particular instance shall be provided through one of our authorized representatives. The Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The headings in the Terms of Use are only for convenience and shall not affect their interpretation.

Other Gogoro Websites, Applications or Software Features

If Gogoro has separately published the specific Terms of Use applicable to the website or application you use, including but not limited to the “Gogoro Online Store Terms of Use” applicable to Gogoro Online Store, the “GoShare® Terms and Conditions” applicable to GoShare services, the “Eeyo® Terms of Use” applicable to Eeyo products and service, or the “Gogoro Rewards Terms of Use” applicable to the Gogoro Rewards, then the end user license agreement of the website or application shall prevail in the specific Terms of Use separately published by Gogoro.

The information of the name of above websites or applications and their applicable terms and conditions may be out of date, and Gogoro makes no commitment to update the information respect to such websites or applications. Each of these terms and conditions may be changed from time to time and are effective immediately upon Gogoro posting such changes on such websites or applications.

Before utilizing Gogoro products and/or services that include software and internet connectivity features, including but not limited to the map and navigation features embedded within the iQ Touch HD digital dashboard, and the optional riding modes features available on specific Smartscooters models (collectively “Software Features''), it is essential for you to comprehend and agree to the following stipulations: (i) since Software Features may provided by third-party, Gogoro disclaims all warranties, whether express or implied, encompassing continuous updates, permanent or uninterrupted provision of Software Features, absence of defects, accuracy, non-infringement, merchantability, or suitability for a particular purpose. For instance, the road speed limit information provided by the navigation function in iQ Touch HD digital dashboard is for reference only; Gogoro disclaims all warranties, you should always pay attention to the actual road conditions and follow them while riding; (ii) Gogoro retains the right to alter, suspend, or terminate the provision of Software Features at any time without prior notice and shall not be bear any responsibility arising from execution of such rights; (iii) certain Software Features may depend on third-party support, such as network infrastructure, satellite communication, or other software and hardware assistance (collectively “Third-party Support”), thereby potentially impacting the quality of Software Services, Gogoro bears no responsibility for such Third-party Support or its consequences; (iv) you are prohibited from unauthorized activities, including but not limited to copying, adding, altering, editing, correcting, revising, modifying, deleting, restricting, or obstructing any content within the Software Features, or modifying any hardware device originally compatible with the Software Features.

Our Service may contain specific free and open source software ( “FOSS”). Each FOSS is subject to its respective FOSS License, as permitted by the governing license. The disclaimers, provisions, prohibitions or restrictions of such FOSS License are considered to be included by reference in this Term of Use. Gogoro does not provide any representation or warranty regarding any FOSS included in or accompanying the Service. For more information, please click here to contact us.

Feedback

Should you have any comment or question regarding the Terms of Use, you may contact us at contact@gogoro.com; if you are a GoShare service user, please contact GoShare via email (support.tw@ridegoshare.com);. Any feedback or information you provide to Gogoro will be deemed to be non-confidential.