Chapter 1: General Rules
The purpose of this User Agreement is to define the rights, obligations and responsibilities of the company and the users using online overseas marketing and export support service(hereinafter referred to as “Service”) provided by Hiseoul-biz.com, which is an B2B Matching Platform operated by Seoul Business Agency (hereinafter referred to as “Company”)
Article 2(Definition of Terms)
① “HiSeoul-biz” is a website which is operated by Company and supports overseas trading activities of small and medium sized enterprises in Korea.
② The 'User' means a member who agrees on this document, receives Member ID and uses the services provided by HiSeoul-biz. Users are mainly classified into three different types: a domestic company member(seller), an overseas buyer(Purchaser), and a web mail user.
· A Domestic Company member(seller): Defined as SMEs in accordance with 'a Fundamental Law of Small and Medium Enterprises' and running business in support range with an access to the services provided by HiSeoul-biz
· An Overseas Buyer(Purchaser): Users located abroad and joined membership for the purpose of purchasing or distributing products registered on HiSeoul-biz, that has an access to product browsing and transaction
inquiry service provided by HiSeoul-biz.
· a Web mail user: Defined as SMEs in accordance with 'a Fundamental Law of Small and Medium Enterprises' and runs business which is included in support range, who joined membership for the purpose of using web mail
③ "ID" means a combination of letters and numbers selected by the user and approved by the Company so as to identify the user and access to the services. An user can have only one ID.
④ "Password" means a combination of letters and numbers set up by the user for the protection and verification of Member’
⑤ “Post” refers to informational text, photos, videos, and any other files and site links posted by HiSeoul-biz users when using service, including marks, letters, voice, sounds, images, and videos.
⑥ Definition of Terms that are not defined in this article will follow “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc” and the relevant laws.
Article 3(Effect and Amendment for the agreement)
① This agreement shall come into an effect when notifying this agreement by posting it on the “HiSeoul-biz” website.
② The Company may amend this document by posting changes and restatements to the extent permitted by “Information and Communication Network Act” and other relevant laws if it is reasonably deemed necessary. Except a special substantive enactment is described otherwise, it may not be retroactive to the preceding agreement.
③ The Company may define and notify separate provision for specific services if necessary. In case HiSeoul-biz user consents to “separate provision” and uses specific service, “separate provision” will prevail.
④ If the Company amends the “terms of service” and “separate provisions”, it shall provide notice of the reasons for amendment and an effective date at least seven (7) days prior to such amendment taking an effect. However, if any amendments may have substantial effects on the rights or obligations of the user, a notice shall be provided at least thirty(30) days prior to the effective date.
⑤ The revised agreement will be equally applied to the users including those who agreed on the contents of the contract before revision. The user shall be deemed to have agreed on the revised agreement if they visit HiSeoul-biz website and use relevant service after the effective date.
⑥ The user who do not agree on the amended agreement may request the termination of the contract concerning use and the deletion of registrated the information.
Article 4 (Legal Relation with other laws)
① Unless the articles that were not prescribed in this agreement has special regulations from other laws, it shall be governed by this agreement.
② In cases where related regulation conflicts with the contents of this agreement, the regulation prevails. Any part of this agreement shall not be used to request exemption of such regulations.
1. If the membership applicant lose the status of a valid user as prescribed by this Terms of Service, except to the extent that such loss of status as the user has passed one year and the membership applicant obtained Company’s approval of rejoining.
2. If the membership applicant do not use his/her actual name or uses the name of any other person
3. If the membership Applicant falsifies the information or fail to provide the relevant information required by HiSeoul-biz
4. If there is any concerns about the ID causing the data leakage of personal information, or where the ID is anti-social or contravenes public morals or where the ID may cause the user to be mistaken for an operator of HiSeoul-biz
5. If the approval is impossible due to the fault by the membership applicant, or if the membership applicant signs up for the membership in breach of overall regulations
③ If there is no room for facilities related to service, or if it is considered difficult to provide services normally for technical or work-related reasons
④ In accordance with Articles 2 or 3, HiSeoul-biz may notify the membership applicant in principle in case of disapproving or deferring application for membership
⑤ Company may differentiate the access to services based on specific criteria by rating the users in accordance with HiSeoul-biz’s policy.
Article 6(Obligations of the members)
① In case of illegal use of other person’s information, users will be punished according to the relevant laws and the user IDs will be deleted accordingly.
② The user should update their personal information when any changes occur to the information they provided within a reasonable period of time. However, certain items including actual name and ID cannot be modified. Members shall be responsible for any loss arising from their failure to update their personal information, and HiSeoul-biz shall be free from any responsibilities.
③ Users shall be responsible for managing their IDs and passwords. Users shall be held responsible for any losses arising from their carelessness for keeping their IDs and passwords or unlawful use by a third party
④ Users shall notify HiSeoul-biz of any illegal use of ID, password or information necessary for login or of any use thereof by any third party immediately upon becoming aware of such facts, and shall follow the guidance of Company
⑤ Company shall not be held responsible for any disadvantages arising from failing to notify the Company of the concerned facts as stipulated in Clause 4 above or from the failure to follow the guidance of Company even if the user notify the Company of the same.
⑥ Company shall not be held liable for any losses or damages caused to any user as a result of sharing, leak, transfer, loan, negligent handling of ID or password, except to the extent that such damage was caused by intention or negligence of Company.
⑦ Users shall not be involved in any of the followings:
1. any behavior that causes damage to others(including minority)
2. transmitting, posting, and distributing vulgar, obscene data, text, software, music, picture, graphic, video message and others(hereinafter referred to as ‘contents’) violating public order
3. If the membership Applicant does not use his/her actual name, pretends to be another person and acts specifying false interactions or relationships with others.
4. Acts of listing false information, or illegally using another member’s stolen “ID”, “Password” or “birthday” when making an application or changing personal information.
5. Acts of transmitting, posting, and distributing the contents without rights(including all intellectual property rights) and so on
6. Acts of posting unnecessary or disapproved ads, promotional materials or transmitting, posting, and distributing the “junk mail”, “spam mail”, “chain letters”, “pyramid system” and so on
7. Acts of posting or distributing the software virus via email to destroy, corrupt or restrict function of computer software, hardware, communication equipment or restrict functions
8. Acts of posting data or sending emails containing any computer software/hardware that was designed with the purpose of destroying computer codes, files, or programs etc.
9. Acts of collecting, saving, and publicizing another user’s personal information.
10. Acts done intentionally to damage someone’s reputation or cause someone a disadvantage.
11. Acts of distributing false information with the purpose of damaging the property of others, or for his own benefit or for the benefit of someone else
12. Acts of violating laws or endangers security and public order, and spoils good traditions.
⑧ Users shall not copy, replicate, sale or resale “service”, use of “service” or an access to “service” for commercial use
② Company may terminate “Use Agreement” for the following reasons.
1. If the user is not qualified enough to use service provided by HiSeoul-biz or disqualified by going out of business.
2. If User upload postings that are restricted in this agreement or attempted action or acted against public order or civil society.
3. In case the user rejects to accept new terms and conditions when Company asks for his/her consent to amend contents of agreement or add, change, delete contents of “HiSeoul-biz” for the purpose of complying with the relevant laws, change of transaction condition, improvement of service and so on
4. In case user acts against the terms of this agreement and the relevant laws or causes reasons for cancellation through crime-related behavior, plans or actions of using service for the purpose of infringing upon public interests, behavior of interrupting provisions of service and so on
5. If the user does not use service for more than consecutive twelve(12) months
③ Company shall notify the user of the cancellation for specific reasons by email, telephone, fax and any other means. However, Company may provide the opportunity for user to state one’s opinion regarding the cancellation in advance.
Article 8 (Protection and disclosure of Personal Information)
② HiSeoul-biz may disclose information which deemed necessary for use of the services to the third party, to the extent permitted by applicable laws and regulations in the following cases.
1. In case the user is against the law in using service, thereby investigation authorities or other governmental agencies request for provisions of information
2. In case it is necessary for information protection work including information verification regarding to a breach of the law by the user and illegal act such as violation of this service.
3. when requested by other related laws
Chapter 3: Use of service
Article 9(Provisions of service)
① Followings are services that Company provides for users on HiSeoul-biz, Provided services may be different by the types of users
1. online export supporting service
2. product information searching service
3. web mail service for SMEs
4. Overseas promotion, Marketing and Transaction matching service between users
5. Notification, Inquiry service between traders, Success story, Event and other work designated by Company
② HiSeoul-biz may provide website or data links of the third party. Since HiSeoul-biz has no control over those web sites and data, HiSeoul-biz will not be held responsible for the linked site, data, advertisement, products and so on
③ Company may make MOU’s and agreements with other agencies in order to increase exports of domestic users, and with the purpose of promotion and marketing, other relevant data and collected materials may be provided to corresponding agencies.
④ HiSeoul-biz shall in principle provide the services 24 hours a day, seven(7) days a week without break unless business or technical issues cause service interruption. However, HiSeoul-biz may temporarily suspend the services for operational and maintenance reasons including regular or frequent system checkups and acts etc.
⑤ If any change is made to the service, HiSeoul-biz shall notify users of such changes and provision date on the website seven(7) days prior to the effective date.
Article 10(Suspension of service)
① Company may suspend services temporarily for the following reasons
1. Operational reasons including maintenance, system checkups, replacement, extension, breakdown and malfunction of information communication equipment
2. In the event of any force majeure reasons causing suspension of service, including disk failure regardless of system administrator’s purpose or fault , national emergency, power failure, etc.
3. Company shall not be responsible for any damage caused to users, which arose from suspension of HiSeoul-biz service
② In such a case as Article 1, HiSeoul-biz shall notify users, however, the notice may not be served if there are any inevitable circumstances(disk failure regardless of system administrator’s purpose or fault, system down and so on preventing the Company from serving the prior notice.
Article 11(Web mail service for SMEs)
① The user may register and uses web mail service for SMEs
② One admin ID for company is granted to each user in web mail
③ Creation, change and deletion of extra accounts shall be managed by company admin, thereby HiSeoul-biz is exempt from responsibilities with regard to administration of each email account
④ HiSeoul-biz won’t perform any backup considering received emails, so the user should do the backups for important emails on his own
Article 12(Management of posts)
① HiSeoul-biz shall not guarantee the precision, safety or quality of posts, thereby the user shall inquire the relevant parties who created such posts.
② HiSeoul-biz is free from any responsibilities regarding the precision, safety or quality of posts unless its intention or gross negligence is accepted in this matter
③ HiSeoul-biz may stop, edit, delete, move, or refuse to register posts without prior consent of members if they conflict with any of this service agreement
④ Civil and criminal liability including infringement of copyright arising from posting images, statements, videos(including attachments) shall be imposed to publisher who uploaded the postings, HiSeoul-biz will not be responsible for this matter
⑤ Purchase inquiries from the overseas buyer received via HiSeoul-biz shall be managed by HiSeoul-biz. In case such inquiry is not used due to cessation, shut down, discordance and others, corresponding inquires may be used for other purposes.
Article 13(Representations, Disclaimer of Warranties)
① Company shall not perform on behalf of a buyer or a seller because Company shall only provide a marketplace online for a buyer and a seller to enter into transactions of the goods. In addition, any act of Company shall not be deemed as a performance on behalf of a seller or a buyer.
② Regarding sales and purchase between users via HiSeoul-biz, Company shall not guarantee the existence and authenticity of the will of sales or purchase, quality of the posted goods, integrity, safety, legitimacy and no violation of other relationship of rights and duties, and authenticity of the posted information, and the user shall be fully responsible for all the consequent matters and risks
③ Company shall not control or restrict the following information that a seller posts including the information of his or her goods. Provided that Company considers the contents of member’s post violates other people’s reputation or rights, or applicable legislations and governmental policies, Company may refuse to approve the post or delete the post and take necessary measures.
① Company and HiSeoul-biz will not be responsible for any disadvantage the user receives based on the following clauses.
1. Security breach caused by User’s negligent security management.
2. Suspension of service to prevent further spread of user security breach.
3. The parties of a transaction made on HiSeoul-biz, the seller and the buyer, shall be responsible for management of sales process, the seller’s fulfillment of contractual obligations to the buyer, shipping of the goods, withdrawal of offer or necessary post processing including return, dispute resolution over the defect of the goods
4. HiSeoul-biz shall not be held responsible for the buyer’s damages (including defects) caused by the defect of the goods traded through company’s open market service, errors or omissions in the registered goods information, etc.
5. Circumstances in which the disadvantage is caused by the users' intentional or unintentional fault.
6. Communication problem due to the quality of telecommunication service provided by other common carriers .
7. Problems due to software set up in the server by the user
8. legal problems regarding the copyright of the software on the files that users discharged
9. "Data losses caused by failing to make back-up data
10. HiSeoul-biz accepts no liability for any profit that members expect or any damage caused by the information that they obtain through use of the services.
11. HiSeoul-biz accepts no responsibility for any materials posted or transmitted by members
12. The result of maintenance and management of HiSeoul-biz’s service that is directly or indirectly performed by an employee of the user or by an agent designated by the user
13. In case obligation of HiSeoul-biz is restricted to the user by this agreement, however any compensation or claim is suited by the third party
14. Company accepts no responsibility and authority over other websites that are linked to HiSeoul-biz and is exempt from responsibilities when damages are caused by the user for those reasons
① If a lawsuit regarding use of service is submitted, the competent court under the Civil Procedure Code(CPC) may consist of a suit
② Clause 1 shall be governed by and construed in accordance with the laws of the Republic of Korea.
③ In case of a dispute over the differences in interpretation between the terms and conditions and the translated version, the Korean terms and conditions shall prevail prior to the English version
④ Any matters related to this Agreement but not provided in this Agreement, or any conflict between the Parties as to the interpretation of this Agreement shall be resolved through mutual agreement between Company and Users