The purpose of this Terms of Use is to prescribe the matters related to the condition of use and the procedure of the services provided by the “www.seekoreatrade.com” website(www.seekoreatrade.com), a B2B e-matching platform operated by KMDIA.
Article 2 (Notification and Revision)
1. This Terms of Use is displayed on the Internet site(www.seekoreatrade.com) where services as explained in Article 3(“Services”) are offered to “Members”(refers to the “Buyer” who obtains membership as described in Article 5 below and the “Seller” who uses the “www.seekoreatrade.com(www.seekoreatrade.com)” and the other people who will use the services.
2. This Terms of Use prescribes general information on the Service Use Agreement made between KMDIA and Members. KMDIA may amend the Terms and notify the amended Terms to Members if necessary.
3. When KMDIA wishes to amend the Terms, KMDIA shall specify and notify the effective date of the amended Terms of Use and the cause of such amendment from seven to one day before the effective date.
4. By agreeing to this Terms of Use, Members shall comply with this Terms of Use and the Site Use Policy displayed to the Members by KMDIA.
Article 3 (Types of Services)
1. e-matching platform: This service provides functions of online matching platform that allow download e-catalog, send inquiry, promote of products and negotiation made between Members through the Internet website(www.seekoreatrade.com) operated by KMDIA.
2. Other information services: These services indicate the Internet services such as information service and e-mail service provided for Members through the Internet website (www.seekoreatrade.com) except for sales purchase related services.
CHAPTER 2 Application and Termination
Article 4 (Principle of Use Agreement)
1. To make a service contract(“Use Agreement”) between the Buyer and KMDIA, the Buyer shall enter the user information into the prescribed form set by KMDIA and agree to this Terms of Use.
2. Only the Buyer who is permitted to use the Internet website (www.seekoreatrade.com) by the KMDIA manager is entitled to obtain membership and use Services to prevent any disputes that may arise in business relations between Members.
Article 5 (Application)
The applicant who wishes to use Services shall enter the following information in accordance with the membership application form provided by KMDIA online.
[Buyer]
1. Essential Information: Country, Company Name, ID (E-Mail), Password
2. Optional Information: Representative Name, Representative Phone Number, Website, Main Product, Mobile Phone Number
[Seller]
1. Essential Information: ID, Password, Business Registration Number, Company Name, Representative Name, Industry Type, Business Type, E-Mail, Address, Head Office Phone Number, Address (English), Main Items, Person in charge Information (Name, Phone Number, E-Mail)
2. Optional Information: Corporate Registration Number, Trade Identification Number, Number of Employees, Website, Head Office FAX, Company Keyword, Contact Information
Article 6 (Termination of Use Agreement)
1. Termination by Member
1) Member may terminate the Use Agreement by notifying his/her intention to terminate the Use Agreement to KMDIA. The Use Agreement is terminated when KMDIA identifies the intention of the termination.
2) A Member who terminates the Use Agreement may re-apply for KMDIA after the termination in accordance with the application procedure specified in the Terms of Use.
2. Termination by KMDIA
1) KMDIA may terminate the Use Agreement without any notice in the following cases:
① A Member violates the regulation set by KMDIA when the Member transacts business with another member.
② A Member has business relations or attempts to do business by violating this Terms of Use or the regulation set by KMDIA.
③ A Member infringes the right of KMDIA or Members, defames their reputation, impairs their credit, or otherwise disadvantages them.
④ A Member disturbs or attempts to disturb KMDIA.
⑤ A Member forces business transactions via negotiation, contract, and order even if the Member does not intend to trade in products.
⑥ A Member distributes contents against public morals or public order.
⑦ A Member defames other member's reputation or disadvantages other member.
⑧ A Member sends a large amount of information or spam to disturb the stable operation of Services.
⑨ A Member distributes computer virus programs that cause malfunction of information communication facilities or provide incorrect information.
⑩ A Member infringes intellectual property right of KMDIA, other member, or the 3rd party. For examples:
- A Member illegally uses the personal information such as user ID and password of other member.
- A Member posts obscene materials on the bulletin board or links to obscene sites.
- A Member violates other agreements or related laws.
2) KMDIA may give an opportunity for the Member to express his/her opinion about the reason for termination before or after the termination.
3) The damages caused by the termination of the Use Agreement shall be a burden borne by the Member whose membership is expired by the termination.
CHAPTER 3 Protection and Provision of Personal Information
Article 7 (Collection of Personal Information)
1. KMDIA may collect the minimum information required for business negotiation. The information specified in Section 1 of Article 5 shall be essentially included, and other information shall be optional.
2. The personal information provided by KMDIA shall be used only for prompt and safe transactions, and shall not be used for other purposes. However, if the corresponding Member allows using the information for other purposes, the information may be used.
Article 8 (Offer and Share of Personal Information)
1. KMDIA can use personal information(except for the information displayed on the Internet website(www.seekoreatrade.com) such as user ID, name, etc.) in other sites directly operated by KMDIA for the following purpose of the collection; use, seamless service, and service expansion, which are mentioned when the information is collected, and shall not use the information for other purpose. However if the data subject allows use of his/her the information, the information may be used.
2. KMDIA may expose Buyer information in the www.seekoreatrade.com (www.seekoreatrade.com) when the Buyer registers the ‘Buying Offer’ on www.seekoreatrade.com(www.seekoreatrade.com).
3. KMDIA shall not provide personal information collected to a 3rd party without the permission of the data subject except in the following cases:
① When law allows the use of the information of a Member or a 3rd party.
② When the personal information is required for seamless transactions between Members.
4. Sellers' e-mails, phone numbers, and addresses may be displayed on the product information screen.
5. The information of a Buyer is provided to the counterpart for product Q&A and negotiation.
Article 9 (Protection of Personal information)
1. Member always can view or change his/her information.
2. KMDIA shall make every effort to protect personal information, and a Member shall take proper measures to protect his/her information.
Article 10 (Storage of Personal information)
1. When the Use Agreement with a Member is terminated, KMDIA shall stop collecting, using, providing the corresponding personal information and destroy such information immediately. However, personal information shall be retained in the following cases:
① KMDIA shall retain personal information for a certain time if it is considered to be remained.
② Even if the Use Agreement is expired, KMDIA may retain the information such as user ID, user name, phone number, address, and trade history for a certain time period for further management for a Member who has trade history.
③ KMDIA may retain personal data and the information relating to past transactions for a certain time period after the expiration or termination of Use Agreement to prevent any Member who has trade history attempting to disturb or restrict the Services by intentionally evading this Terms of Use.
④ KMDIA may retain some information(such as user ID, user name, phone number, address, and the information related to the termination of the Use Agreement and membership suspension) for a certain time period after the expiration or termination of Use Agreement to check if there is any cause to reject any re-application in the case where KMDIA terminates the Use Agreement or a Member’s membership is suspended.
Article 11 (Change and Management of Personal Information)
1. When Member’s information is incorrect, Member may correct such information by him/herself or KMDIA may request to correct such information to the Member immediately. If the information is determined as incorrect information, KMDIA may suspend the Services until the information is properly changed.
2. Member shall be responsible for the damages caused by failing to correct his/her information where such information had changed. KMDIA shall not assume the responsibility for such damages.
3. Member is responsible for managing his/her personal information such as user ID and password.
4. Member shall not transfer or lend his/her user ID and password to a 3rd party.
5. If personal information is thieved or used by a 3rd party, member shall notify the information leakage to KMDIA immediately after it comes to his/her knowledge, and follow the actions taken by KMDIA to manage and protect the personal information.
CHAPTER 4 Disclaimer
Article 12 (Limitation of Liability)
1. To the maximum extent permitted by law, the Services provided by KMDIA on or through the Internet site (www.seekoreatrade.com) are provided "as is", "as available" and “with all faults”, and KMDIA hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. A such warranties, representations, conditions, and undertakings are hereby excluded.
2. To the maximum extent permitted by law, KMDIA makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the Internet website; KMDIA does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the sites does not violate any 3rd party rights; and KMDIA makes no representations or warranties of any kind concerning any product or service offered or displayed on the sites.
3. Any material downloaded or otherwise obtained through the Internet Site (www.seekoreatrade.com) or Services is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its own or to KMDIA’s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Member from KMDIA or through or from the Internet website (www.seekoreatrade.com) shall create any warranty not expressly stated herein.
4. The Internet website (www.seekoreatrade.com) may make available to “Services” or products provided by independent 3rd parties. No warranty or representation is made with regard to such services or products. In no event shall KMDIA be held liable for any such services or products.
5. Each Member hereby agrees to indemnify and save KMDIA, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such Member's access to or use of the Internet Site (www.seekoreatrade.com) or Services (including but not limited to the display of such Member's information on the Internet Site) or from Member’s breach of any of the terms and conditions of the Terms of Use. Each Member hereby further agrees to indemnify and save KMDIA, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from Member's breach of any representations and warranties made by Member to KMDIA.
6. Each Member hereby further agrees to indemnify and save KMDIA, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by 3rd Party Rights claimants or other 3rd parties relating to products offered or displayed on the Internet Site. Each Member hereby further agrees that KMDIA is not responsible and shall have no liability to member, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each Member. KMDIA reserves the right, at own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member, in which event Member shall cooperate with KMDIA in asserting any available defenses.
7. KMDIA shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
① the use or the inability to use the Internet Site (www.seekoreatrade.com) or Services.
② any defect in goods, samples, data, information or services purchased or obtained from a Member or any other 3rd party through the Internet Site (www.seekoreatrade.com) or Services.
③ violation of 3rd Party Rights or claims or demands that Member's manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Internet website (www.seekoreatrade.com) or through the Services may violate or may be asserted to violate 3rd Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by 3rd Party Rights claimants.
④ unauthorized access by 3rd parties to data or private information of any Member.
⑤ acquisition of information not provided by KMDIA or on the Internet Site (www.seekoreatrade.com).
⑥ statements or conduct of any Member of the Internet Site (www.seekoreatrade.com) or Services.
⑦ any matters relating to the Internet Site(www.seekoreatrade.com) or Services, however arising, including negligence.
Article 13 (Force Majeure)
Under no circumstances shall KMDIA be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond KMDIA’s reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of 3rd parties.
CHAPTER 5 Miscellaneous
Article 14 (Related Law and Jurisdiction)
1. Any dispute which may arise between KMDIA and a Member in relation to Services and this Terms of Use shall be governed by the law of Republic of Korea. All the law suits related with this dispute shall be exclusively brought in the courts of Republic of Korea, which has jurisdiction of the Code of Civil Procedure of Republic of Korea.
2. Any dispute which may arise between Members in relation to transactions shall be governed by the law and court set forth in the agreement made during transaction, and KMDIA shall not assume the responsibility for the dispute.
