KITA E-MP Conditions of Use

Welcome to TradeKorea (URL "http://www.tradekorea.com"), e-marketplace established and run by Korea International Trade Association (“Association”). TradeKorea provides various services (“Services”) according to the following Conditions of Use (“Conditions of Use”). Please read the Conditions of Use carefully as they may include provisions imposing legal obligations.

Chapter 1 General Provisions

Article 1 (Purpose)
The Conditions of Use define the conditions and procedures of using the Internet service provided by the Association (“TradeKorea”) pursuant to the Telecommunications Business Act and the Enforcement Decree of the Act.


Article 2 (Disclosure, effect and change of Conditions of Use)
1. The Conditions of Use shall take effect immediately upon posting by TradeKorea on the website and consent by the user.
2. The Conditions of Use are a basic agreement between the Association and the user. The Association may prescribe provisions applicable to specific services (“Separate Conditions of Use”) and notify the users in advance, if necessary. In case a user agrees to such Separate Conditions of Use and uses the relevant specific services, the Separate Conditions of Use shall supercede conflicting terms in this Conditions of Use and this Conditions of Use shall have only supplementary effect.
3. In case that any revision is made to the Conditions of Use or the Separate Conditions of Use, the Association shall post the revised terms, effective date, and reasons for such revision on the TradeKorea website from seven days prior to the effective date until one day before the effective date. In case such revisions have a significant impact on the rights and/or obligations of the users, the Association shall notify the users via email, etc.
4. In case of a revision is made to the Conditions of Use, the revised Conditions of Use shall be applied to members who subscribed to the website on or after the date of the revision, and the pre-revision Conditions of Use shall be applied in principle to existing users during their membership period.
5. The Association may obtain consent from a user regarding the revised Conditions of Use by displaying the revised terms upon the user’s log-in. In case the user neither checks the “Disagree” box after being provided with the request to agree or disagree, nor does express his disagreement within seven days after the date of notice (log-in date), the user is deemed to have agreed to the revision. Any users in disagreement with the revised Conditions of Use can request termination of the service contract at any time.
6. In case the Association revises the Conditions of Use in accordance with the enactment of or an amendment to an applicable law, the revised Conditions of Use shall supercede the pre-revision version of the Conditions of Use.

Article 3 (Relationship of the Conditions of Use with applicable laws and regulations)
1. In case matters not prescribed under the Conditions of Use are stipulated under the applicable laws, such laws shall apply.
2. In using the services provided by the Association, a user shall comply with applicable laws including the Act on the Consumer Protection in the Electronic Commerce Transactions, etc. (e.g.: regulations on mail order and Internet sales such as supplied brochures, labeling and advertising, return of goods, delivery, etc.), the Framework Act on Electronic Commerce (e.g.: regulations regarding the protection of consumers), the Consumer Protection Act (e.g.: regulations on enterprise’s obligations), the Fair Labeling and Advertising Act (e.g.: indications on product descriptions, other indications) and the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (e.g.: regulations on protection of personal information) and a user cannot claim immunity for violation of applicable laws on the grounds of conflicting provisions of the Conditions of Use.

Article 4 (Definition of terms)
1. User: A person who signed the TradeKorea service contract with the Association and was given an ID.
2. User ID: A combination of letters and numbers selected by the user and approved by the Association to identify the user in accessing TradeKorea services.
4. Corporate ID: A “user ID” given to companies by the Association which is authorized to update basic information of the company. Only one “user ID” which can administer “employee IDs” of the company is provided to each company.
5. Employee ID: A user ID given to employees of a company by the Association which requires a separate approval from the “corporate ID.” An approved employee ID is entitled to the same authorities as the “corporate ID” except the authority to update basic information of the company.
6. Password: A combination of letters and numbers set up by the user to identify himself as the lawful owner of the user ID and protect secrecy.
7. Association member: An enterprise for which the Association issued a trade reference number and is authorized to use all services of TradeKorea.
8. Compatriot enterprise: An overseas enterprise established and run by compatriots or an overseas enterprise established by a Korean company.
9. Termination: A user’s expression of his intent to terminate the service contract.


Chapter 2 Execution of Service Use Agreement

Article 5 (Service Use Agreement)
1. The Service Use Agreement regarding the services provided by the Association ("Service Use Agreement") is concluded as the Association approves a user’s application for the use of services. The Association shall notify the applicant of the approval by posting a notice on the website, or sending an email, etc.
2. An applicant shall agree to the Conditions of Use and fill out and register the required form on the TradeKorea website to apply for the use of services.
3. When an applicant applies for the use of services of TradeKorea, the Association may inquire the applicant if he also wishes to use the services of kita.net. If the applicant consents to the Conditions of Use of kita.net and applies for the use of services, the application for kita.net services becomes completed.
4. In case the applicant correctly fills out the required form and consents to the Conditions of Use, the Association shall, in principle, approve the application after verifying the real name of the applicant as stated under the Conditions of Use.
5. The Association may disapprove the application in case the application is confirmed to be illegal, unfair or in violation of the Conditions of Use.

Article 6 (Authorization and administration of user ID)
1. In applying for a user ID, an individual user shall use his real name on the resident registration and a corporate user shall use the name of the company on the business registration certificate in principle. A compatriot enterprise or overseas enterprise shall follow special rules.
2. The user shall be solely responsible for administering the user ID and the password. The Association shall not be held responsible for any losses or damages incurred due to causes such as information leakage, assignment, rent or other negligence in administration other than those caused directly by an act of the Association.
3. A user shall take each of the following measures for safe administration of the user ID and the password.
A. In case a user becomes aware of ID/password theft or an unauthorized use by a third party, the user shall immediately notify the Association and follow the instructions of the Association, if provided.
B. A user shall make sure to log out after using the Service.
C. A user shall not let others know his ID and password or allow others to use such information without a reasonable cause.
4. A company authorized to use a corporate ID shall exercise due care in administering employee IDs to prevent information leakage or unauthorized alterations of information, etc. The Association shall not be held liable for damages incurred to the company caused by negligence in employee supervision.
5. A user ID cannot be shared or assigned. In case a user shares or assigns his ID without prior approval by the Association, the Association may discontinue services provided for the user ID.

Article 7 (Termination of Service Use Agreement)
1. A user may terminate the Service Use Agreement at any time by notifying the Association.
2. The Association may terminate the Service Use Agreement for reasons falling under any of the following. In such a case, the Association shall notify the user of the reason for termination via email, telephone, or fax, etc. However, the Association may give the user an opportunity to state his opinions regarding the reason for termination in advance.
A. A user didn’t meet qualifications required by the Association to access TradeKorea Service at the time of application or became disqualified afterwards.
B. Registered information was found to be false (use of alias, etc.) or there are reasonable grounds to believe that the information is false.
C. A user violated his obligations stated under Article 13.
D. A user posted articles listed under Article 14, Paragraph 1 of the Conditions of Use or traded or attempted to trade goods which disturb the public order or social customs.
E. A user infringed on rights, reputation, credit, other legitimate interests of the company, other users or any other individuals.
F. A user disturbed or attempted to disturb smooth provision of the Services by the Association.
G. A user listed goods without any intention to sell them.
H. A user violated the Conditions of Use or failed to log in to TradeKorea for six consecutive months while using the Services.
I. A user refused to consent to a revision of Conditions of Use for adding, modifying or deleting contents of TradeKorea for reasonable causes such as an amendment to an applicable law, changes in circumstances, improvement of services, etc..
J. A user committed an act in violation of the Conditions of Use or applicable laws or other causes of termination set forth by the Conditions of Use occurred.


Chapter 3 Use of TradeKorea

Article 8 (TradeKorea Service hours)
1. TradeKorea Services are available for 24 hours a day, and 365 days a year in principle, unless there are operational or technical problems.
2. The Services may not be available on the dates or during hours notified by the Association in advance for regular insprctions, etc.

Article 9 (Tradekorea Service contents)
1. Provide information of sales and purchases of products
2. Provide information on enterprises such as domestic companies, compatriot businesses, overseas companies, KOMPSS companies
3. Offer brokerage services to overseas buyers
4. Provide business information on agency services, and/or proposal, etc.

Article 10 (Posting advertisements and transactions with advertisers)
1. The Association may post advertisements on TradeKorea.
2. The Association shall not be liable for losses or damages incurred to a user arising from participating in promotional activities or advertisement posted on TradeKorea or communicating or transacting with an advertiser.

Article 11 (Changes in TradeKorea contents)
1. The Association may add, modify or delete contents of TradeKorea with the consent of users.
2. The Association shall help users fully understand the additions, modifications or deletions made pursuant to the preceding paragraph by the method under Paragraph 3 of Article 2.
3. In making the additions, modifications or deletions pursuant to the preceding paragraph, the Association may obtain consent from users through the method prescribed in paragraphs 4 and 5 of Article 2.

Article 12 (Termination of TradeKorea Services)
1. The Association may terminate provision of TradeKorea Services for reasons falling under any of the following.
A. when inspection and/or facility expansion or replacement, etc. of TradeKorea system is needed.
B. The Services is terminated for reasons that can’t be controlled by the Association (Disc malfunction, system shutdown caused without intentional or negligent misconduct of the system administrator).
C. The system is shut down due to intentional or negligent acts of others (backbone telecommunication service provider or CP, etc.). 2. The Association may limit or suspend access to all or part of the Service of TradeKorea in case national emergencies, power blackout, technical problems of TradeKorea equipment or website overload prevents normal use of the website services.
3. The Association shall not be responsible for losses incurred to users arising from the suspension of TradeKorea Services unless such suspension is caused by intentional misconduct or gross negligence of the Association.

Article 13 (Obligations of the Association)
1. The Association shall ensure that TradeKorea Services are made available from the date requested by the user unless special circumstances prohibit such timely provision of the Services.
2. The Association is obligated to provide continuous and stable TradeKorea Services as provided by the Conditions of Use.
3. In order to ensure that various services including TradeKorea are made available to users, the Association may gather information registered on the application form or updated thereafter for such period required for the provision of the Services.
4. The Association shall take technical and administrative measures necessary to protect personal information provided by users to the Association from loss, theft, leakage, alteration or damages. The Association shall designate a staff responsible for personal information management in order to protect users’ personal information and handle users’ complaints regarding personal information.
5. The Association shall not provide, disclose or distribute users’ personal information gathered in relation to provision of TradeKorea Services to a third party without the users’ consent, except on occasions specified below.
A. Personal information is requested by governmental authorities pursuant to applicable laws such as Framework Act on Telecommunications, etc.
B. Personal information is needed for a crime investigation or requested by Korea Internet Safety Commission.
C. Personal information is requested pursuant to procedures set by applicable laws including the Act on Real Name Financial Transactions and Guarantee of Secrecy, the Use and Protection of Credit Information Act, the Telecommunications Business Act, the Local Tax Act, the Consumer Protection Act, the Bank of Korea Act, the Criminal Procedure Act, etc.
E. Personal information is required for statistics, academic training or market research provided that the information is processed to delete information that can identify specific individuals.
6. The Association may provide user information or posted articles to other organizations in business alliance with the Association after obtaining the consent of the user. In such a case, the Association shall receive the user’s consent on who will receive such information, how the information will be used, what kind of information will be provided, how long will the information be held and used, etc. respectively.
7. The Association shall destroy personal information upon disappearance of the purpose of information collected or provided including on occasions of withdrawal from membership, provided that such information shall not be destroyed if required under applicable laws.

Article 14 (Obligations of users)
1. A user shall be qualified to access TradeKorea Services as required by the Association.
2. A user shall enter true, precise and complete data on the TradeKorea form, and update such data with the passage of time.
3. A user shall not make copy of information obtained through TradeKorea for any purposes other than his own use or provide such information to a third party without prior consent of the Association.
4. A user shall not send unsolicited information or advertisements continuously or commit acts against sound service use practices such as receiving/sending or posting large quantity data and articles, etc. that may disturb stable service provision.
5. A user shall fully comply with provisions of the Conditions of Use and applicable laws.

Article 15 (Postings of users)
1. The Association may delete postings and/or prohibit permanently or temporarily a user from posting articles in cases a posting falling under any of the following categories:
A. The posting negatively affects the rights, personal information, credit or other legitimate interests of others by slandering.
B. The posting disturbed public order or social customs.
C. The posting contains materials illegal, obscene and/or harmful to juveniles, promotes goods with similar effects, or contains links to sites with similar effects.
D. The posting infringes or has potential to infringe intellectual property rights of others.
E. Falsified goods that infringe on the trademark rights of others are registered.
F. The posting period set by the Association is exceeded.
G. The nature of the posting does not conform to the characteristics of the Services or an identical content is posted multiple times.
H. The posting include false or exaggerated advertising contents.
I. The posting is objectively recognized to be related to criminal acts.
J. A report has been filed against a posting for internet fraud on specific grounds and the suspicion is recognizable to a certain degree.
K. The posting contains a computer virus or data which causes malfunction or confusion in telecommunication equipment.
L. Applicable laws or postings administration policies of the Association are determined to be violated.
2. Individuals shall take civil and criminal responsibilities arising from copyright infringements, etc. caused by his/her postings (including images, phrases, attachments, etc.) and the Association shall not be held liable for the user postings.
3. As long as the rights of a third party are not violated, individuals who put up the postings registered in TradeKorea of the Association shall own the copyright on the postings. The Association shall hold the right to publish such postings in TradeKorea.
4. With the consent of the copyright holder, the Association may use the postings for promotion, etc. In putting up a posting, a user can choose whether to allow the Association to provide the posting or certain information of the user to business alliances of the Association for promotional purposes. A user can’t hold the Association liable for activities within the authorized power in relation to violation of copyrights or infringement on personal information.
5. In case postings or registered information (“Infringing Information”) of a user on the Internet site (URL "http://www.tradekorea.com") is found defamatory or found to infringe rights of a third party such as privacy rights and/or intellectual property rights including copyrights, the Association shall take necessary measures, such as deleting such information without delay or temporarily disabling access to the posting for periods less than 30 days (“Temporary Measures”) upon request by the party whose rights are infringed to delete such information or post counterarguments. These measures may also be taken when the Association determines that a posting infringes the rights of the Association. After taking necessary measures against Infringing Information, the Association shall immediately notify the requestor and the party who posted the Infringing Information. In case the user whose postings are deleted provides sufficient evidence proving that the postings are not Infringing Information, such as a settlement agreement between the parties involved in the dispute or a protocol with irrevocable effect, and demand the deleted information to be restored or stop the Temporary Measures, the Association may satisfy such request.

Article 16 (Disclaimer of representation and warranties)
1. The Association only provides an online marketplace for trades among users and does not represent any user who intends to sell or purchase goods. In addition, no acts of the Association shall be viewed as an act of representation on behalf of any seller or buyer.
2. In relation to sale and purchase between users through TradeKorea, the Association shall make no warranties for the intent to buy or sell and the sincerity of such statement, quality of the registered goods, completeness, safety, legality, non-infringement on rights of others, correctness of information provided by users and/or data listed on the URL linked, etc. and the use of such information shall be at each user’s own risk.
3. The Association does not control or limit general information posted by users such as product descriptions, etc. However, the Association may delete the information or take necessary measures in case postings are determined to be a violation of others’ rights, or applicable laws or harmful to others’ reputation.


Chapter 4 Miscellaneous

Article 17 (Immunity)
1. In case the provision of services is temporarily or permanently disturbed by natural disasters, force majeure, repair and maintenance activities for information and telecommunications equipment, replacement, malfunction, or disconnection of telecommunication services, etc., the Association shall not be responsible to provide the services. In such a case, the Association shall notify users through the website or other methods.
2. The Association shall not be responsible for disturbances to the use of TradeKorea caused by Internet users including the website users.
3. The Association only provides an online marketplace and supplementary information for users. Therefore, users shall be responsible to conduct transactions, delivery the goods, cancel orders, return the cancelled goods, settle disputes regarding defects, etc. The Association shall not be involved in any of the above mentioned activities and shall take no responsibility. The Association shall not be held liable for any losses incurred by users due to defects of goods and/or erroneous or insufficient registration information of goods traded through TradeKorea, etc. (including product liability).
4. The Association shall not be responsible for unrealized benefits or losses arising from use of the services or selection of provided information.
5. The Association shall not be held liable for users’ pain and suffering while using TradeKorea caused by other users unless the Association knowingly and maliciously neglected to take due care of the situation.
6. The Association shall not take responsibility for damages arising from users’ trust in credibility, accurateness, etc. of information, data and/or facts provided through TradeKorea.
7. Personal information voluntarily disclosed by a user is subject to random collection and use by others and the user shall take the risk thereof.
8. The Association makes no representation on and has no control over other sites a user visits through this site.
9. The Association and linked enterprises (enterprises operating sites linked to the website of the Association) are independently operated and the Association shall not take responsibility for transactions executed between the users and linked enterprises.
10. The Association shall not be held liable for losses incurred by the users in relation to the services provided by the Association without intentional misconduct or gross negligence on the part of the Association.

Article 18 (Others)
1. Supplementary documents including exhibits and attachments to the Conditions of Use shall have effects as part of the Conditions of Use.
2. Matters not specified by the Conditions of Use or for which objection was raised regarding interpretation shall be discussed and resolved by and between users and the Association.
3. Any dispute arising out of the use of TradeKorea Services shall be resolved by a decision of the Korean Commercial Arbitration Board.
4. The laws of Korea shall apply to the Conditions of Use, the Service Use Agreement between the Association and users, and transaction of goods among members and also to the interpretation of the Conditions of Use, the Service Use Agreement between the Association and users, transaction of goods among members, and jurisdiction and venue.


Supplementary Provision
1. (Effective date) The Conditions of Use shall take effect as of March 28, 2008.