Terms and Conditions of Use
Chapter 1 General Provisions
Article 1 (Purpose and Scope of Application)
- 1The Conditions of Use define the conditions and procedures of using the tradeKorea website pursuant to the Telecommunications Business Act and the Enforcement Decree of the Act
- 2The tradeKorea Website refers to all of the following websites operated by KITA:tradeKorea Global e-Marketplace ∙ Website for B2B trades and international business transactions(URL : http://www.tradeKorea.com),tradeKoreaExport Support Website ∙ Support for tradeKorea global e-marketplace services, provision of information on trades, and support for online international marketing and online cultivation of international markets (URL : http://kr.tradeKorea.com)
- 33. The Conditions of Use is applicable to all companies and individuals, including member companies of KITA, domestic companies, overseas Korean ent erprises, and foreign companies, etc., who are inclined to use thetradeKorea Website.
Article 2 (Definition of Terms)
- 1User: A person who signed the tradeKorea service contract with KITA and was provided with an ID.
- 2User ID: A combination of letters and numbers selected by the User and approved by KITA to identify the User in accessing tradeKorea services.
- 3Password: A combination of letters and numbers set up by the User to identify oneselfas the lawful owner of the user ID and protect privacy.
- 4Member company: An enterprise which was issued a trade reference number by KITA and is authorized to use all services on the tradeKorea website.
Article 3 (Disclosure, Effects and Changesin Conditions of Use)
- 1KITA shall post the Conditions of Use on the website for the easy understanding ofUsers. The Conditions of Use shall take effect upon posting on the tradeKorea website.
- 2The Conditions of Use are a basic agreement between KITA and the User. KITA may prescribe provisions applicable to specific services (“Separate Conditions of Use”) and notify the Users in advance, if necessary. If and when a User agrees to the Separate Conditions of Use and utilizes relevant services, the Separate Condit ions of Use shall supersede any conflicting terms in the Conditions of Use, and the Conditions of Use shall only have a supplementary effect.
- 3KITA may revise the Conditions of Use to the extent that the revision would not violate related laws and regulations, such as the Regulation of Standardized Cont racts Act, and the Act on Promotion of Information and Communications Network Utilization and Information Protection. In case a revision is made to the Conditions of U se or the Separate Conditions of Use, KITA shall post the revised terms, effective date, and reasons for the revision on the tradeKorea website from seven days prior to the effective date, until one day before the effective date. Should the revision have a negative impact on the Users, KITA shall post on the tradeKorea website at least f ourteen days prior to the effective date and notify the Users via email.
- 4A revision to the Conditions of Use shall have the same effect on Users who subscribed to the website prior to the date of the revision. Pre-existing Users who have ob jections to the revised Conditions of Use may terminate the user agreement at any time by notification and may request for removal from the database of registered user information.
- 5In the event a User continues to use the tradeKorea website and its services subsequent to the effective date of the revised Conditions of Use, the User is deemed to have agreed to the revision.
- 6When a revision of the Conditions of Use takes place, the revised Conditions of Use shall supersede the previous version of the Conditions of Use.
Article 4 (Relationship of the Conditions of Use with Applicable Laws and Regulations)
- 1If matters not prescribed under the Conditions of Use are stipulated under applicable laws, the laws shall be applied.
- 2In using the services provided by KITA, a User shall comply with applicable laws, including the Act on the Consumer Protection in the Electronic Commerce Transactions (e.g.: regulations on mail order and Internet sales, labeling and advertising, return of goods, delivery), the Framework Act on Electronic Commerce (e.g.: regulations regarding the protection of consumers), the Consumer Protection Act (e.g.: regulations on company’s obligations), the Fair Labeling and Advertising Act (e.g.:regulati ons on product descriptions and advertising) and the Act on Promotion of Information and Communications Network Utilization and Information Protection(e.g.: regulations on protection of personal information), and a User cannot claim immunity for the violation of applicable laws on the grounds of conflicting provisions in the Conditions of Use.
Chapter 2 Execution of Service Use Agreement
Article 5 (Service Use Agreement)
- 1The Service Use Agreement regarding services on the tradeKorea website provided by KITA ("Service Use Agreement") is concluded upon KITA’s approvalof an application submitted by a User. KITA shall notify the applicant of the approval by posting a notice on the website, or via email.
- 2An applicant may apply for the use of services on the tradeKorea website by agreeing to the Conditions of Use and submitting a complete application form.
- 3When an applicant applies for the use of services on the tradeKorea website, KITA may inquire the applicant whether he or she also wishes to use services onwww.kita.net. If the applicant consents to the Conditions of Use for kita.net and applies accordingly, the application for kita.net services will be complete.
- 4After an applicant correctly fills out the required form and consents to the Conditions of Use, KITA shall, in principle, approve the application after verifying the real name of the applicant as stated under the Conditions of Use.
- 5Applications may be deniedif the applicant has either violated the Conditions of Use or relevant laws and regulations, or if the application has beendeemed inadmissible as aresult of a violation of the Conditions of Use, or illegal or improper under any of the following circumstances:
- 1. the content of the application isfalse;
- 2. the applicant used another person’s name illegally or improperly for the application; or
- 3. the requirements for the application are not fulfilled.
Article 6 (Authorization and Administration of User ID)
- 1In applying for a website ID, an individual User shall use his or her real name which appears on one’s resident registration form, and a corporate User shall use the name of the company on the business registration certificate. An overseas Korean company or foreign enterprise shall follow special rules.
- 2The User shall be solely responsible for administering the user ID andpassword. KITA shall not be held responsible for any losses or damages incurred due to information leakage, assignments, rent or general negligence in administration, other than causes directly controlled by KITA.
- 3A User shall take each of the following measures for safe administration of the user ID and password.
- 1. In case a User becomes aware of ID/password theft or unauthorized use by a third party, the user shall immediately notify KITA and follow instructions, if provided.
- 2. A User shall make sure to log out after using the service.
- 3. A User shall not sharethe ID and password, or allow others to use this information without reasonable cause.
- 4Companies authorized to use a corporate ID shall exercise care in administering employee IDs to prevent information leakage or unauthorized changes in information. KITA shall not be held liable for company damages incurred by negligence in employee supervision.
- 5User IDs cannot be shared or assigned. In the event aUser shares or assigns his ID to another individual without prior approval by KITA, KITA may discontinue services provided for the user ID.
Article 7 (Termination of Service Use Agreement)
- 1A User may terminate the Service Use Agreement at any time by notifying KITA.
- 2KITA may terminate the Service Use Agreement for the following reasons. In this case, KITA shall notify the user of the reason for termination via email, telephone, or fax. However, KITA may give the user an opportunity to state his or her opinion regarding the reason prior to termination.
- 1. A User did not meet qualifications required by KITA to access tradeKorea website services at the time of application and/or afterwards.
- 2. Registered information was found to be false (use of alias, etc.), or there are reasonable grounds to believe that the information was false.
- 3. A User violated his obligations stated under Article 13.
- 4. A User posted articles listed under Article 14, Paragraph 1 of the Conditions of Use, or traded or attempted to trade goods which disturbs public order or social customs.
- 5. A User failed to log in to the tradeKorea website during a set period of time determined and notified by KITA, after the user has failed to log in for six consecutive months while using the services.
- 6. A User refused to consent to a revision of Conditions of Use for adding, modifying or deleting contents on the tradeKorea website due to reasonable causes, such as amendments to an applicable law, changes in circumstances, improvement of services, etc.
- 7. A User committed an act of violation of the Conditions of Use, or applicable laws, or other causes of termination, set forth by the Conditions of Use.
Chapter 3 Use of tradeKorea Website
Article 8 (tradeKorea Website Service Hours)
- 1tradeKorea website services are available for 24 hours a day, and 365 days a year, unless there are operational or technical issues.
- 2The services may not be available on specific dates or times notified by KITA in advance for regular maintenance.
Article 9 (Posting Advertisements and Transactions with Advertisers)
- 1KITA may post advertisements on the tradeKorea website.
- 2KITA shall not be liable for losses or damages incurred to a user from participating in promotional activities or advertisements posted on thewebsite,or communicating with an advertiser.
Article 10 (Changes in Website Content)
- 1KITA may add, modify or delete contents on the tradeKorea website with consent from users.
- 2KITA shall help Users fully understand new additions, modifications or deletions made pursuant to the preceding paragraph by the method under Paragraph 3 of Article 2.
- 3In making additions, modifications or deletions pursuant to the preceding paragraph, KITA may obtain consent from Users through the method prescribed in paragraphs 4 and 5 of Article 2.
Article 11 (Termination of tradeKorea Website Services)
- 1KITA may terminate the provision of tradeKorea website services for any of the following reasons:
- 1. When inspection and/or system expansion or replacement of the tradeKorea website is needed.
- 2. When services must be terminated for reasons that cannot be controlled by KITA (ie. disc malfunction, system shutdown which is irrelevant to any intentional or negligent misconduct on the part of the system administrator).
- 3. When the system is shut down due to intentional or negligent acts of others(telecommunication service provider or CP, etc.).
- 2KITA may limit or suspend access to all or some of tradeKorea services in the case of national emergencies, power blackouts, technical problems in the website equipment, or website overload preventing the normal use of website services.
- 3KITA shall not be responsible for losses incurred by users from the suspension of tradeKorea website services, unless the suspension is caused by KITA’s intentional misconduct or gross negligence.
Article 12 (Obligationby KITA)
- 1KITA shall ensure that tradeKorea website services are made available from the date requested by the User, unless special circumstances prohibit such timely provision of the services.
- 2KITA is obligated to provide continuous and stable tradeKorea website services as outlined in the Conditions of Use.
- 3In order to ensure that various services, including tradeKorea, are available to Users, KITA may gather information on submitted application forms, or information which was updated thereafter,for the effective provision of services.
- 4KITA shall take technical and administrative measures necessary to protect personal information provided by Users to KITA from loss, theft, leakage, alteration or damages. KITA shall designate staff responsible for managing personal information in order to protect personal information and resolve Users’ complaints regarding personal information.
- 5KITA shall not provide, disclose or distribute Users’ personal information gathered for the purpose of providing tradeKorea website services to a third party without User consent, except on occasions specified below:
- 1. Personal information is requested by government authorities pursuant to applicable laws, such as the Framework Act on Telecommunications.
- 2. Personal information is needed for a crime investigation or is requested by the Korea Internet Safety Commission.
- 3. 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, and the Criminal Procedure Act.
- 4. Personal information is required for assessment and/or payment of fees for the provision of services.
- 5. Personal information is required for statistics, academic training or market research provided that the information does not include personal identifying information.
- 6KITA may provide user information or posted articles to organizations that share business ties with KITA after obtaining consent from the User. In this case, KITA shall receive consent on who will receive the information, how the information will be used, what kind of information will be provided, and how long the information will be held and used.
- 7KITA shall destroy the personal information once the purpose of the collection of information is accomplished, including the occasion of membership termination, provided that such information shall not be destroyed if required under applicable laws.
Article 13 (Obligationby Users)
- 1A User shall be qualified to access tradeKorea services as required by KITA.
- 2A User shall enter true, precise and complete data in the template required by the tradeKorea website, and update the data on a regular basis.
- 3A User shall fully comply with provisions of the Conditions of Use and applicable laws.
- 4A User shall not engage in any of the conduct listed below:
- 1. Make a copy of information obtained through the tradeKorea website for any purpose other than his or her own use, or provide such information to a third party without prior consent from KITA;
- 2. Send unsolicited information or advertisement, or act against sound use of services, such as receiving, sending or posting large-quantity data and articles that may disturb the stable provision of services.
- 3. Infringeon rights or interests, such as credit and reputation, of KITA or other Users, or other persons
- 4. Interfere with the provision of KITA services; and
- 5. Register products without intent to sell.
Article 14 (User Postings)
- 1KITA may delete postings and/or prohibit a User,either permanently or temporarily, from posting articles if the Service Use Agreement is terminated, or if a posting falls under any of the following categories:
- 1. The posting negatively affects the rights, personal information, credit or legitimate interests of others through slander.
- 2. The posting disrupts public order or social customs.
- 3. The posting contains materials that are illegal, obscene and/or harmful to children, promotes goods that have similar effects, or contains links to sites with similar effects.
- 4. The posting infringes, or has the potential to infringe upon intellectual property rights.
- 5. Falsified goods that infringe ontrademark rights are registered.
- 6. The posting period set by KITA has expired.
- 7. The nature of the posting does not align with the characteristics of the website services, or an identical posting is uploaded multiple times.
- 8. The posting includes false or exaggerated advertising.
- 9. The posting is objectively relevant to criminal acts.
- 10. A report has been filed against a posting for Internet fraud on specific grounds, and the suspicion is credible to a certain degree.
- 11. The posting contains a computer virus or data which causes malfunction or confusion in the telecommunication equipment.
- 12. The posting violated applicable laws or posting administration policies of KITA.
- 2Individuals shall take civil and criminal responsibilities arising from copyright infringementscaused by his or her postings (including images, phrases, attachments, etc.) and KITA shall not be held liable for the user postings.
- 3As long as the rights of a third party are not violated, individuals who upload postings on the tradeKorea website shall own copyright on the postings. KITA shall hold the right to publish such postings on the tradeKorea website.
- 4With consent from the copyright holder, KITA may use the postings for promotion. In uploading a posting, a User can choose whether to allow the sharing of the posting or certain user information with KITA’s business partners for promotional purposes. A User cannot hold KITA liable for activities within the authorized power that violate copyrights or infringe on personal information.
- 5If a posting or a User’s registered information (“Infringing Information”) on the tradeKorea website is found to be defamatory or infringes onthe rights of a third party,including privacy rights, intellectual property rights and copyrights, KITA shall take necessary measures, such asdeleting the information without delay or temporarily disabling access to the posting for a periodless than 30 days (“Temporary Measures”) upon request by the party whose rights were infringed upon, to delete the information or post counterarguments. These measures may also be taken when KITA determines that a posting infringes on the rights of KITA. After taking necessary measures against the Infringing Information, KITA shall immediately notify the infringed party and the party who posted the Infringing Information. If the User whose posting was deleted can provide sufficient evidence proving that the postingwas not an infringement, a settlement agreement or a protocol with irrevocable effects can be reached between the parties involved in the dispute, and the User may demand for the deleted information to be restored or stop the Temporary Measures.
Article 15 (Disclaimer of Agency Relationship and Warranties)
- 1KITA provides an online marketplace only for trade among Users, and does not act as an agent for Users to sell or purchase goods. In addition, no acts of KITA shall be viewed as an act conducted on behalf of any seller or buyer.
- 2In relation to sales and purchases between Users through the tradeKorea website, KITA shall provide no warranties for the intent to buy or sell, the sincerity of such statement, quality of registered goods, completeness, safety, legality, non-infringement on rights, accuracy of information provided by users and/or data listed on the website, and the use of such information shall be at theUser’s own risk.
- 3KITA does not control or restrictinformation posted by Users, such as product descriptions. However, KITA may delete information or take necessary measures in the event the postings are determined to be a violation of rights, applicable laws, or harmful to others’ reputation.
Chapter 4 Miscellaneous
Article 16 (Immunity)
- 1If the provision of services is temporarily or permanently disturbed by natural disasters, force majeure, repair and maintenance activities for the information and telecommunications equipment, replacement, malfunction, or disconnection of telecommunication services, KITA shall not be responsible in providing the services. In this case, KITA shall notify users through the website or other methods.
- 2KITA shall not be responsible for disturbances on the tradeKorea website caused by Internet users, including the website Users.
- 3KITA provides an online marketplace and supplementary information only for Users. Therefore, Users shall be responsible when conducting transactions, delivering goods, cancelling orders, returning cancelled goods, settling disputes regarding defects, and for handling any transactions made through the tradeKorea website. KITA shall not be involved in any of the above activities and take no responsibility. KITA shall not be held liable for any losses incurred by Users due to defective goods and/or erroneous or insufficient registration information of goods traded through the tradeKorea website(including product liability).
- 4KITA shall not be responsible for unrealized benefits or losses arising from the use of services or provided information on the tradeKorea website.
- 5KITA shall not be held liable for any User’s pain or suffering while using the tradeKorea website caused by other Users, unless KITA knowingly and maliciously neglected to take due care of the situation.
- 6KITA shall not take responsibility for damages arising from a User’s trust in credibility, accuracy of information, or data and/or facts provided through the tradeKorea website.
- 7Personal information voluntarily disclosed by a User is subject to random collection and use by others and the User shall take the risk thereof.
- 8A User is liable for any loss caused by the inaccuracy of information registered at the time of application or posting, failure to update, or errors in updates. KITA is not liable for such losses.
- 9KITA makes no representation and has no control over other sites a User may visit through this website.
- 10KITA and linked enterprises (company sites linked on KITA’s website) are independently operated and KITA shall not take responsibility for transactions executed between the Users and linked enterprises.
- 11KITA shall not be held liable for losses incurred by Users in relation to the provided services that are without intentional misconduct or gross negligence on the part of KITA.
Article 17 (Others)
- 1Supplementary documents, including exhibits and attachments to the Conditions of Use, shall have effect as part of the Conditions of Use.
- 2Matters 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 KITA.
- 3The laws of Korea, jurisdiction and venue shall apply to the Conditions of Use, the Service Use Agreement between KITA and Users, and transaction of goods among members, and also to the interpretation of the Conditions of Use, the Service Use Agreement between KITA and Users, transaction of goods among members.
- 1(Effective date)
- The Conditions of Use shall take effect as of July 27, 2008.