Partner Portal

Terms of Use

The content of this website outlines the Terms of Use (hereinafter referred to as “Terms of Use”) agreed upon by Winbond Electronics Corporation (hereinafter referred to as “Winbond”) and its partners, including but not limited to suppliers, outsourcing vendors, subcontractors, customers, distributors, and agents (hereinafter collectively referred to as “Partners” or “You”). Partners must access and use Winbond's Partner Portal (hereinafter referred to as "this Website") in accordance with these Terms of Use. By applying for an account and password and/or using this Website, it will be deemed that you agree to comply with and be bound by these Terms of Use. Please carefully review the following terms. If you do not agree to these Terms of Use, do not use this Website.

Usage Restrictions

This Website is intended for use only by specific partners authorized by Winbond. Any person who uses this Website without authorization from Winbond shall be liable for any legal consequences arising from such actions and shall be responsible for any related legal obligations.

Confidentiality Obligations

Any and all information on this Website shall be considered as Winbond’s confidential information, including but not limited to business plans, procurement information, forecast quantities, ESG learning materials, product pricing plans, product specifications, customer data, pricing, databases, specifications, and other related information. Such information shall be governed by the NON-DISCLOSURE AGREEMENT (hereinafter referred to as “NDA”) between Winbond and its Partners, or the confidentiality provisions specified in Winbond’s purchase orders. The Partner shall not disclose Winbond's confidential information to any third party or use it for purposes beyond the scope of the NDA without Winbond's prior written consent. If the Partner and/or its employees use or disclose confidential information without Winbond's prior written consent, such actions shall be considered a material violation of the NDA. The Partner shall undertake all damages, losses and liabilities arising therefrom and be responsible for the actions of its employees, including but not limited to any damages incurred by Winbond.

Partner Warranty

After the Partner applies for an account and password on this Website, the Partner shall be responsible for all actions conducted with such account and password upon logging into this Website. The Partner shall observe the duty of care of a diligent and prudent administrator in the safekeeping of the account and password and ensure that no unauthorized third party can access or use them, including but not limited to, disclosing, or providing the account and password to any third party, or lending or transferring them for use by others. If the Partner believes or suspects that their account and password have been compromised or becomes aware of any security concerns related to the use of this Website, the Partner shall immediately notify Winbond.
The Partner agrees and confirms that all company information (including but not limited to company name, address, contact information, etc.) or other data uploaded or provided to this Website are accurate and complete. In the event of any changes to the aforementioned information or data, the Partner shall promptly update the information on this Website or notify Winbond in writing to make the necessary changes.
The Partner agrees that all data, files, and information uploaded to this Website do not infringe upon any third party's patent rights, trademark rights, copyright, trade secrets, or any other intellectual property rights or ownership rights. If the Partner's access to or use of this Website, violation of these Terms of Use, or infringement upon the intellectual property rights or other rights of any third parties results in any third-party claims, liabilities, losses, damages, or expenses (including but not limited to damages, settlement amounts, litigation costs, and reasonable attorney fees), Partner shall indemnify and hold harmless Winbond.
The Partner shall warrant that all data uploaded to this Website does not contain any malicious software, programs, or instructions that could damage Winbond’s data, files, or systems, including but not limited to viruses, worms, backdoors, time bombs, or Trojan horses. If the Partner discovers or suspects the presence of any malicious software or potential threats, the Partner shall make its best effort to assist Winbond in identifying the cause and provide prompt and effective solutions to minimize any damage. Additionally, the Partner shall develop and implement corrective and preventive measures to improve and prevent such security incidents from recurring.

Intellectual Property

All copyrights, patent rights, trademarks, trade secrets, other intellectual property rights, ownership, or any other rights related to the works, data and information on this Website are owned by Winbond or its licensor. Except as legally authorized in advance by Winbond or its licensor, the Partner shall not reproduce, distribute, transmit, modify, edit, rent, sell, or use any part of the content in any form or for any purpose without permission, and shall undertake all liabilities arising from any such unauthorized use.
The content and programs of this Website are the intellectual property of Winbond. Without taking license from Winbond, the Partner shall not copy, reverse engineer, decompile, or disassemble any functions or programs of this Website.

Limitation of Liability

Winbond makes no express or implied warranties regarding the use of this Website, including but not limited to warranties of merchantability, particular purpose, or non-infringement.
Winbond does not warrant the continuous or uninterrupted functionality, accessibility, availability of data, or operability of this Website; nor does the content on this Website is completely accurate or that any defects have been corrected.
Winbond does not guarantee or warrant that the information on this Website is adequate, complete, or up to date. The Partner should independently assess any data downloaded or obtained from this Website and assumes all risks associated with any damage to their computer system or loss of data that may result.
Winbond shall not be liable for any direct, indirect, consequential, or special damages, losses, or expenses arising from the Partner’s use of or inability to use the services on this Website.
This Website contains links to third-party websites, provided solely for the convenience of the Partner. Winbond does not guarantee the content of such third-party websites, and the Partner shall assume all risks associated with linking to such websites.

Amendment and Adjustment

Winbond may, at any time and without prior written notice:

adjust, modify, or delete any information, content, or features on this Website;
suspend the operation of this Website; or
terminate or revoke the Partner's access to this Website. The Partner shall not claim any damages or other compensation in relation to the aforementioned actions against Winbond.

Winbond reserves the right to amend the content of these Terms of Use without prior notice. Any such amendments will take effect immediately upon being posted, and no individual notification will be provided.

Privacy

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Governing Law and Jurisdiction

These Terms of will be governed in all aspects of the laws of the Republic of China, without regard to or application of conflicts of law rules or principles. Any disputes, controversies, claims and differences arising out of or in connection with this Agreement, the Partner and Winbond shall first seek to resolve the matter through good faith negotiations If such negotiations fail and litigation becomes necessary, both parties agree that the Hsin-Chu District Court in Taiwan, R.O.C. shall have exclusive jurisdiction for the first instance.

Titles

The titles of the sections are solely for convenience of reference and shall not affect the interpretation, explanation, or understanding of the provisions of these Terms of Use.