Terms of Service

Terms of Use
Disclaimer & Privacy
BigGo AD Platform Online Terms of Service

When the Customer starts to use BigGo AD Platform (hereinafter referred to as the "Service") it shall be deemed that the Customer has agreed to BigGo AD Platform Online Terms of Service (hereinafter referred to as these "Terms of Use"). If you fail to comply with the following terms without permission from FUNMULA CO., LIMITED (hereinafter referred to as the "Company"), we reserve the right to disable your ad on the Service and/or disable your BigGo AD Platform account (hereinafter referred to as the "Account") at any time. If your Account is disabled, you will not be eligible for further participation in this Service.

When the Customer is to subcontract a part of the use of the Service to a subcontractor, the Customer shall obtain the Company’s approval, cause the subcontractor to perform the Customer’s obligations under these Terms of Use, and be responsible for the subcontractor’s performance of such obligations.

Article 1 (Overview of Service)

The Service is a service in which the Customer can use the ad distribution system provided by the Company and distribute its own advertisement, or an advertisement of a third party.

Article 2 (Amendment of these Terms of Use)

The Company may make non-material changes to these Terms at any time without notice, but the Company will provide advance notice of any material changes to these Terms. The Terms will be posted on our website. The changes to the Terms will not apply retroactively and will become effective 7 days after posting. However, changes made for legal reasons will be effective immediately upon notice. Either party may terminate these Terms at any time with notice to the other party, but (i) campaigns not cancelled under the amended Terms of Use and new campaigns may be run and reserved and (ii) continued Service Use is, in each case, subject to the terms and conditions then in effect for the Service. The Company may suspend Customer’s ability to participate in the Service at any time. In all cases, the running of any Customer campaigns after termination is in the Company’s sole discretion. If the Customer uses the Service after the foregoing announcement or notification, it shall be deemed that the Customer has agreed to the amended Terms of Use.

Article 3 (Fees and Payment)

  1. The fees for the service will be collected by either of the following methods (1)credit or debit card (2)Money transfer. When signing up the new Account, the Customer can only choose one payment method, which cannot be changed. A Business Account can only use Money transfer as payment method.

  2. Credit or debit card: An Individual Account can use either a credit or debit card which requires the credit card issuer to approve the card for foreign transactions. The beneficiary company is Funmula Co. Limited, Hong Kong. The credit card issuer may charge a foreign transaction fee. The Company will charge the fees by automatic payment if the Customer uses Credit card as payment method. The Customer will click “Payment method” in the Service to add a payment card, fill out the card information, and save settings. Default card is the primary payment card. The Customer can modify the primary payment card in “Payment method”. If the payment has been declined, the system will process the payment by using the backup card. If authentication fails for three times, the Customer will be notified via email to apply re-authentication by changing default payment. The Service will process the payment after the accrued advertising costs. The customer will be billed 30 days after the last automatic charge, or when the costs reach a certain amount (e.g., reach NT$1,000 or NT$10,00), whichever comes first.

  3. Money Transfer: With money transfer, the Customer can add money to the BigGo ADP account by transferring money from the designated bank account, and the Service is only available for prepay. The Service adds funds to the Account and has charges deducted from those funds.
  4. The Company shall have the right to change the fees and terms and conditions of the Service at its discretion provided that the Company shall send a written prior notice (including by way of email) to the Customer or post such change on the ad distribution system of the Service.

Article 4 (Suspension of the Distribution)

Even after the distribution of advertisement pertaining to such submitted materials is started, the Company may, at its own discretion, immediately suspend the distribution of all or a part of the distributed advertisement without having to bear any default liability, liability for damage or any other legal liability against the Customer (1) if there is any breach by the Customer of any warranty obligation or compliance matter prescribed in these Terms of Use, or the Company determines based on its own discretion that there is a possibility of such a breach, or (2) there are circumstances in which the distribution of the submitted materials or the Guide Destination as advertisement is deemed inappropriate at the Company’s discretion due to social factors. In the foregoing case, the Customer is not exempted from paying the fees incurred in connection with the submitted materials.

Article 5 (Interruption of the Service)

In the event of any of the following, the Company may temporarily interrupt all or part of the Service:

(1) Maintenance of systems or equipment used for the Service;

(2) Failure of systems or equipment used for the Service; or

(3) Incapability to use telecommunication services for any reason attributable to telecommunication companies.

Article 6 (Suspension of the Service)

If any of the following applies to the Customer, the Company may suspend the use of the Service by the Customer:

(1) The Customer fails to pay the fees for the Service when they become due;

(2) The Customer assigns, lends or shares its account or administration website for the Service according to a method that is not prescribed by the Company;

(3) The Customer infringes upon any industrial property right, copyrights or any other intellectual property rights of a third party;

(4) The Customer violates any applicable law or regulation, including the constitution, international treaties, national laws and regulations, and local ordinances;

(5) The Customer enters false or untrue information in the Application Form;

(6) The Customer distributes information containing false or fabricated information;

(7) The Customer distributes information in breach of the Distribution Guidelines;

(8) The Customer distributes information that is contrary to public order and morals;

(9) The Customer infringes upon the honor, trust, privacy or any other right of a third party;

(10) The Customer commits an act that is disadvantageous or harmful to the Company or the Company’s customers;

(11) The Customer commits an act that the Company deems illegitimate or inappropriate;

(12) The Customer commits an act that results or may result, as determined by the Company, in significant interference with the businesses of the Company, or the provision or operation of the Service

Article 7 (Termination of the Service)

  1. The Company may terminate all or part of the Service as deemed appropriate by the Company.
  2. If the Company is to terminate the Service, the Company shall notify, three (3) month before the termination, the Customer to such effect by way of announcement on the Company’s website or by giving written notice including by way of email.
  3. If all or part of the Service is terminated based on the preceding two paragraphs, the Service Agreement shall be terminated concurrently as of the date of such termination of the Service.

Article 8 (Termination of the Service Agreement)

  1. If any of the events in Article 6 (Suspension of the Service) applies to the Customer, the Company may immediately terminate the Service Agreement with the Customer by sending a notice to the Customer, without suspending the Service pursuant to Article 6.
  2. Either the Company or the Customer may immediately terminate the Service Agreement by sending a notice to the other party, if any officer, employee, agent or broker (hereinafter referred to as the “Party Concerned”) of the other party is found to be an antisocial force (such as organized crime group, or member, quasi-member or affiliated company of any organized crime group, or corporate racketeer, political racketeering organization, organized intellectual crime group and any other similar organization or person) or any Party Concerned of the other party is found to be involved with such antisocial force.
  3. If there is any balance remaining in the account of the Customer who was terminated the Service Agreement pursuant to Paragraph 1 of this article, the Company will refund such balance to the Customer according to the Company’s prescribed method; provided, however, that, if the Company requests the Customer to designate the account to which the balance is to be refunded within the deadline separately designated by the Company but the Customer fails to designate such refund account, or if the Company is otherwise unable to refund the balance to the account designated by the Customer due to reasons that are not attributable to the Company, the Company may keep such balance. The Customer shall bear the bank transfer fee required for refunding the balance.
  4. The refund of the balance set out in the preceding paragraph shall be performed after deducting, from such balance, all debts that are borne by the Customer against the Company (including, but not limited to, fees and damages).
  5. In cases where the posting of the advertisement between the Company and the Customer is ended and the Customer will no longer use the Service, if there is any balance remaining in the Customer’s account, the Company shall refund such balance to the Customer upon the Customer’s request. As a general rule, while the bank transfer fee required for refunding the balance shall be borne by the Company, if the balance remained due to circumstances of the Customer, there may be cases where the Company will request the Customer to pay the bank transfer fee.

Article 9 (Disclaimer related to the Distribution)

  1. The Company does not in any way warrant that the Service is free from defects, bugs, or troubles caused by other reasons. There is also a possibility of various troubles; for instance, the distributed advertisement is not displayed, the content of the displayed advertisement is displayed in a format that is different from the original content, the advertisement is displayed on a target that is different from the set target, or the displayed data is inaccurate. The Customer shall be fully aware of the foregoing circumstances, and, even if the ad distribution system does not operate normally and the ad distribution is not performed as scheduled, the Customer shall not pursue any legal responsibility against the Company unless it was caused by the willful intent of the Company.
  2. The Customer agrees that the Company may, without separately notifying the Customer, perform a test distribution or an ad distribution determined based on a logic that differs from the standard ad distribution logic to certain traffic for optimizing and improving the quality of the ad distribution logic of the Service, and acknowledges that the Company may include the fees of such distribution in the fees of the Service to be billed as set out in Article 3.
  3. The Customer acknowledges that, if the advertisement distributed in the Service is wrongfully posted or clicked due to reasons that are beyond the control of the Company, the Company shall not be responsible therefore, and will not discount the fees in connection therewith.
  4. The Company shall not be liable in any way for any other damage caused due to an error in the setting by the Customer.

Article 10 (Force Majeure)

The Company shall not be liable in any way even when an advertisement, which was scheduled to be distributed, could not be distributed or was not distributed appropriately due to calamities, communication failures or other force majeure events, hacking or cracking by a third party, failure of the internet infrastructure or the Customer’s server, or any other reason that is not attributable to the Company, or for measures that need to be performed by the Company for providing the Service such as emergency system maintenance or maintenance inspection.

Article 11 (Confidentiality)

  1. The Customer shall not announce the fact that it is using the Service or the fact that it is coordinating with the Service without obtaining the prior written consent (including by way of email) of the Company.
  2. With respect to information disclosed by the Company designated as confidential to the Customer (hereinafter referred to as “Confidential Information”)), the Customer shall treat such information as strictly confidential.
  3. Personal information disclosed by the Company to the Customer pursuant to the Service Agreement shall be treated as Confidential Information. The Company and the Customer shall use reasonable efforts to prevent any divulgence, falsification or eavesdropping of such personal information.
  4. If the Customer becomes aware of any divulgence, falsification or eavesdropping of the Confidential Information, it shall immediately report to the Company in writing, including by way of email.
  5. The Customer may not disclose the Confidential Information to any third party without the prior written approval of the Company; provided, however, that the following information shall not correspond to Confidential Information:

    (1) Information that was already known to the Customer prior to the disclosure;

    (2) Information that is publicly known or generally available to the public;

    (3) Information that the Customer has legitimately obtained from a third party without bearing any confidentiality obligation; or

    (4) Information that the Company has agreed in writing to be excluded from the Confidential Information.

  6. In the event that the Customer is required by any applicable laws, the rules of Financial Instruments Exchange or any other regulations equivalent to such rules (hereinafter collectively referred to as the “Laws”) to disclose any of the Confidential Information disclosed by the Company, the Customer shall provide the Company with prompt written notice of such requirement; provided, however, that if the Customer will not be able to provide the Company with a prior notice due to the restrictions by Laws or time constraint, the Customer may provide a late notice to the Company. When the Company is to disclose the Confidential Information pursuant to the provisions of this paragraph, notwithstanding the provisions of Paragraph 1 of this article, the Company may do so within the requisite minimum scope; provided, however, that, if the Company gives instructions to the Company for maintaining the secrecy of the Confidential Information in the foregoing disclosure, the Company shall comply with such request to the extent possible under the applicable laws and on a practical level of the Company’s operation.

  7. If the Service Agreement is terminated or if the Company requests during the term of the Service Agreement, the Customer shall return or destroy the Confidential Information and any reproductions thereof. If the Company and the Customer separately execute a separate non-disclosure agreement and an agreement on protection of personal information, or any other agreements that have the same purpose or effect, such an agreement shall prevail.

Article 12 (Handling of Data)

The Company may, at its own discretion and without notifying the Customer, change the display style of the advertisements, etc. at any time, including during the ad distribution period. The Company will acquire and retain the click count, display count, number of complete views and other information regarding the results of the advertisement distributed by the Customer (not including information capable of identifying specific individuals; hereinafter collectively referred to as the “Provided Information”), and compute statistics based on the Provided Information and provide the computed statistics to the Customer. The Customer agrees that the Company may acquire and use, free of charge, the Provided Information and all information generated and used in the Service (including, but not limited to, distribution information, log information, and Audience Data) for providing the Service and measuring the results of the Service, preventing misconducts, and improving and bettering the performance of the Company’s services at its own discretion without any time limit.

Article 13 (Compensation for Damages)

  1. If the Company incurs damages due to the Customer’s violation of these Terms of Use, the Customer shall immediately compensate all such damages (including, but not limited to, reasonable attorney’s fees).
  2. If the Customer receives any claim, allegation, demand, request or motion, etc. (hereinafter collectively as the “Claims”) that the Customer has infringed upon a right of a third party, including the Users, in relation to the Service, the Customer shall resolve such Claims at its expense and responsibility. If the Company incurs any damages due to such Claims, the Customer shall immediately compensate all such damages. If the Company resolves the Claims, the Customer shall pay for all expenses incurred by the Company to resolve the Claims.
  3. The Company is not responsible for any damage that the Customer may incur during any interruption or suspension of the Service due to force majeure such as fire, electric outage or natural disaster, network or system failure, or the event in Article 6, Item (11).
  4. The Customer acknowledges and agrees that when the Customer leads the Users to an external service by using the Service, there can be situations where the said external service would be unavailable to the Users due to technical or other reasons. Furthermore, the Customer may suffer disadvantages including, but not limited to, complaints from the Users and/or disadvantageous treatment by the Platform Provider (hereinafter collectively referred to as “Disadvantages”). The Customer assumes the risk of suffering Disadvantages, and acknowledges that the Customer shall lead the Users to an external service at its own risk. The Customer agrees that the Company will not be held liable for any loss or damage caused by unavailability of the external service or the Disadvantages.
  5. With respect to the provisions of these Terms of Use, only if the Customer incurs damages due to the Company’s willful conduct or gross negligence, the Company will compensate such damages to the extent that such damages are ordinary, actual and direct. The amount of compensation to be paid by the Company shall be limited to the amount of fees actually paid by the Customer in the month preceding the month when the damages have been incurred.

Article 14 (Change of Name and Other Information of the Customer)

  1. If there is any change to the Customer’s registered matters, the Customer shall promptly notify the Company of the change according to the Company’s prescribed method.
  2. If the Company receives the notice in the preceding paragraph, the Company may request the Customer to provide a document evidencing such change, and the Customer shall comply with such request.

Article 15 (Miscellaneous)

  1. You may not assign or transfer any of your rights under the Terms.
  2. The parties are independent contractors and the Company do not create an agency, partnership, or joint venture
  3. Other than as set forth in Article 8, the failure of either party to enforce any provision of the Terms will not constitute a waiver.
  4. If it turns out that a particular term of the Terms is not enforceable, the balance of the Terms will remain in full force and effect.

Language. This Agreement is drafted in English and Chinese. In the event of a conflict, the English language text shall prevail.

All customers are required to comply with the following policies, so please read them carefully. If you fail to comply with these policies without permission from BigGo, we reserve the right to disable your ad on BigGo and/or disable your BigGo AD Platform (hereinafter referred to as “BigGo ADP”) account at any time. If your account is disabled, you will not be eligible for further participation in this Service. We may change our policies at any time, please check often for updates.

BigGo may make non-material changes to the Terms at any time without notice, but BigGo will provide advance notice of any material changes to the Terms. The Terms will be posted at BigGo ADP website. The changes to the Terms will not apply retroactively and will become effective 7 days after posting. However, changes made for legal reasons will be effective immediately upon notice. Either party may terminate the Terms at any time with notice to the other party, but campaigns not cancelled under the terms of pausing campaign and new campaigns may be run and reserved and continued Program Use is, in each case, subject to BigGo’s terms and conditions then in effect for the Programs. BigGo may suspend customer’s ability to participate in the Programs at any time. In all cases, the running of any customer campaigns after termination is in BigGo’s sole discretion.