Terms & Conditions
Terms and Conditions of Online Directory Use for
the 2020 Consumer Goods Showcase Korea Online
(for Foreign Buyers)
CHAPTER 1 GENERAL
Article 1 (Purpose)
Article 2 (Definitions)
The capitalized terms used herein shall have the following meanings:
1. “Showcase” refers to “Korean Consumer Goods Showcase 2020,” which is a general marketing support project that is conducted in 2020 to promote the export of consumer goods by displaying information on diverse domestic consumer goods online and managing requests for consultation about the information from members;
2. “Directory” refers to an online platform established in form of an website by KOTRA with intent to enable members to refer to information on consumer goods displayed by local businesses and to support consultation between members who have interest in specific goods and local businesses which display such goods, in proceeding with the Showcase
3. “Member” refers to a person who signs up for membership in accordance with Articles 5 and 6 by making an agreement on these Terms and filling out a certain form provided by KOTRA;
4. “ID” refers to a combination of letters and numbers set by a Member and approved by KOTRA for the identification of the Member and the use of services by the Member;
5. “Password” refers to a combination of letters and numbers set by a Member himself/herself to confirm the identity of the Member with his/her ID and to protect the Member’s communication secrets;
6. “Goods Information” refers to information on diverse consumer goods registered by local businesses in the Directory;
7. “Personal Information” refers to any information related to an identified or identifiable natural person. An identifiable natural person refers to a person who is directly or indirectly identifiable particularly by referring to names, identification numbers, location information, online identifiers or one or more factors specific to the person's physical, psychological, genetic, mental, economic, cultural or social identity.
Article 3 (Application and Modification)
3.1 These Terms shall become effective by KOTRA posting the contents thereof through the Directory website and by the Member agreeing on these Terms.
3.2 If necessary, KOTRA may make a notice of terms and conditions to be applicable to certain services (the “Individual Terms”) in advance. In this case, the Individual Terms shall prevail over these Terms with regard to the specific service.
3.3 The terms and conditions amended pursuant to Article 3.3 above shall be notified to the Members by posting them on the homepage, and shall become effective on the date as stipulated in the Supplementary Term of these Terms. Where a Member does not agree to the amended terms and conditions, the Member may cancel (or withdraw) membership by requesting KOTRA to do so at any time. Members who do not express their intention to refuse to accept the amended terms and conditions within seven (7) days from the effective date thereof and continue using the services, they shall be deemed to have agreed to the amendment to these Terms.
3.4 Notwithstanding the notice made pursuant to Article 3.3 above, if a Member suffers from damage due to his/her failure to know of the amended terms and conditions of these Terms, KOTRA shall not take any responsibility for such damages.
Article 4 (Relationship with Other Regulations)
Matters not set forth herein shall be in accordance with applicable laws and statutes, including without limitation, the Telecommunications Framework Act of Korea, the Korean Act on Promotion of Information and Communications Network Utilization and Information Protection and the GDPR.
CHAPTER 2 MEMBERSHIP
Article 5 (Application for Membership)
A person who wishes to be a Member may sign up for membership by making an agreement on these Terms and filling out a certain application form required by KOTRA. All information entered by a person who wishes to be a Member in the membership application form shall be deemed as data compatible with the truth, and Members who do not input their real names or information compatible with the truth may be subject to restriction to the use of services.
Article 6 (Approval for Membership Application)
6.1 If a person wishing to become a Member applies for membership by accurately filling out all of the application requirements specified in Article 5, KOTRA may accept the application unless it falls under Article 6.2 or 6.3 below.
6.2 KOTRA may reserve approval for the membership application if:
6.2.1 there is a lack of information and communications facilities or a technological problem; or
6.2.2 it is difficult for KOTRA to give approval for use due to other circumstances.
6.3 KOTRA may refuse to approve an application for membership filed by a person who has a record of violating these Terms and applicable laws and statues, the application conflicts with these Terms or falls under one of the following cases:
6.3.1 the person has entered false information in the application;
6.3.2 the person has filed the application in another’s name;
6.3.3 the person has filed the application by illegally using the Business Registration Number of another company.
6.3.4 a report of illegal acts, including without limitation, fraud is made against the person by another member of a website operated by KOTRA;
6.3.5 the person of which use contract has been terminated due to his/her violation of these Terms pursuant to Article 17; or
6.3.6 the person fails to meet any the requirements for membership application.
Article 7 (Changes of Information)
Members may personally modify or request to modify information, including without limitation, personal information provided at the time of membership application via the Internet.
Article 8 (ID and Management thereof)
8.1 As a policy, a Member shall use one (1) ID.
8.2 The person who owns his/her ID shall be responsible for management of the ID and the Password. KOTRA shall not take any responsibility for losses or damages caused by the leakage, transfer, lending and negligence in management of the ID and the Password, to which KOTRA is not attributable.
8.3 The Member shall take each of the following actions for the safe management of his/her ID and Password, and shall be fully responsible for losses and damages caused by negligence in taking the following actions:
8.3.1 If the Member becomes aware of the theft or use of his/her ID or Password by a third party, it shall immediately notify the theft or unauthorized use to KOTRA and shall comply with instructions issued by KOTRA, if any;
8.3.2 The Member shall ensure that he/she logs out after using the service; and
8.3.3 The Member shall not inform a third party of his/her ID and Password nor allow a third party to use his/her ID and Password without a justifiable reason.
8.4 The Member shall prevent material business information from unauthorized disclosure and change by strictly managing his/her ID. KOTRA shall not be liable for damage incurred to the Member’s use of service due to the Member’s negligence in managing his/her ID.
8.5 The ID shall not be shared or transferred with or to a third party. If the Member shares or transfers his/her ID with or to a third party, KOTRA may suspend the use of the ID.
CHAPTER 3 RIGHTS AND OBLIGATIONS
Article 9 (Obligations of KOTRA)
9.1 The services provided by KOTRA pursuant to these Terms are as follows:
9.1.1 Management of registered Goods Information;
9.1.2 Promote Goods Information registered with Directory and buyKOREA;
9.1.3 Management of Members’ requests for consultation about goods; and
9.1.4 Review of and response to other inquiries given by Members about registered information on goods
9.3 KOTRA will not collect confidential information on the technology and business of a Member, which shall be reasonably deemed as confidential information of the disclosing party from the indication of “confidential” or similar words by the Member or the nature of such information. (the “Confidential Information”)
9.4 Under these terms and conditions, the service provided by KOTRA will be provided temporarily during the "2020 Consumer Goods Showcase Korea Online " event. After the event, the service will be terminated without further notice.
Article 10 (Obligations of Members)
10.1 A Member shall comply with these Terms and applicable laws and statutes. Further, the Member shall comply with restrictions to use as provided in the Individual Terms to be notified or posted by specific service in relation to the use of services.
10.2 The Member shall refrain from:
10.2.1 Using other Members’ IDs in a fraudulent manner;
10.2.2 Copying, publishing or disclosing information that the Member has obtained from the services to a third party;
10.2.3 Infringing the rights of KOTRA or a third party, including without limitation, copyrights;
10.2.4 Disseminating contents violating public order and public policy;
10.2.5 Conducting an act that is objectively deemed to be linked to crime;
10. 2. 6 Transmitting advertising information against the recipients’ intention, or conducting acts of transmitting, receiving, posting a large amount of materials that could interrupt the stable operation of services or other acts conflicting with the sound use of services;
10.2.7 Conducting an act of interrupting the smooth progress of services provided by KOTRA;
10.2.8 Committing other acts conflicting with applicable laws and statutes
10.3 The Member shall not do sales activities by using the services. KOTRA shall not take any responsibility for the results that have been produced from the sales activities conducted by the Member in violation of these Terms.
10.4 The Member shall not transfer, give or pledge his/her rights to use the services and his/her status under other use contracts to a third party.
CHAPTER 4 USE OF SERVICE
Article 11 (Search of Goods Information)
11.1 A Member may freely search the Goods Information registered in the Directory. The Member may use the Directory to leave questions about goods which will be answered by the exporter of the goods or by KOTRA.
11.2 When the Member wishes to check detailed information on goods subject to Article 11.1 above, he/she may check such information through the linked homepage, BuyKorea ( www.buykorea.org) registered in the relevant Goods Information section.
Article 12 (Request for Consultation)
12.1 If a Member intends to request for consultation about goods under Article 11, he/she may request consultation by using one of the following methods;
12.1.1 Use the Directory to request the assistance of KOTRA to connect with local business registered in the Directory or to find a potential supplier not registered in the Directory.; or
12.1.2 Signing up for membership to BuyKorea (www.buykorea.org), and contacting the local business directly through its registered email address, or requesting for a video conference which will be scheduled by KOTRA
12.2 KOTRA opens a webpage designed to accept a request for consultation on the website of BuyKorea (www.buykorea.org) in order to deal with inquires or consultation set forth in Articles 12.1 and 12.2.
12.3 If a Member makes a request for business dialogue pursuant to Article 12.1.1, the local business or KOTRA (on behalf of the local business) will engage with the Member for further discussion. It is acknowledged that the Member agrees by posting in the Directory that the local business or KOTRA, including its overseas offices, may use the personal information provided by the Member to contact the Member to engage in further discussion. KOTRA shall not take any responsibility for infringement of the Member’s personal information by the local business, including without limitation, the unauthorized disclosure of such information to a third party.
12.4 If a Member makes a request for consultation pursuant to Article 12.1.2, KOTRA shall contact the local business and the Member to arrange consultation between the two parties. In this process, KOTRA may collect, use, or manage personal information of the Member or the employees of the local business to the reasonably necessary extent to arrange the consultation between the parties.
12.5 In the case of Article 12.4, the officers of KOTRA who are in charge of the Member’s host country may take the consultation procedure with the local business on behalf of the Member, subject to the Member’s request.
Article 13 (Service Hours)
13.1 As a policy, service hours shall be 24 hours a day, 7 days a week except for Article 14.1.
13.2 Response to consultation requests or inquiries set forth in Article 12 shall be made from 9am to 6pm Korea Standard Time.
Article 14 (Suspension of Service)
14.1 If one of the following events occurs, KOTRA may restrict or suspend all or part of the services, and shall not take any responsibility for the suspension of the services against the users or a third party:
14.1.1 Restriction to or suspension of the services is inevitably required due to construction work of facilities used for the services, including without limitation, repairs;
14.1.2 A key telecommunication service operator as defined in the Telecommunication Business Act of Korea suspends telecommunication service;
14.1.3 It becomes impossible to provide the services in a normal manner due to a national emergency, power outage, failure of facilities or congestion of service use;
14.1.4 System inspection is required; or
14.1.5 There are other force majeure events.
14.2 Where the contents of messages, which are stored in or transmitted to the Directory and other communications fail to be stored or transmitted, or are deleted due to a national emergency, power outage, failure of service facilities beyond the management scope of the relevant website and other force majeure events, or where communications data become subject to loss, KOTRA shall not take any responsibility for such losses and damages.
Article 15 (Responsibility for Service Use)
Members shall not engage in hacking and illegally distributing links of pornographic websites and commercial software by using the services. KOTRA shall not take any responsibility for legal actions taken by competent authorities, and consequences and losses resulted from sales activities conducted in violation of the preceding sentence.
CHAPTER 5 RESTRICTION TO USE OF SERVICE AND TERMINATION
Article 16 (Management and Deletion of Members’ Postings)
16.1 KOTRA may limit the memory size, message size and storage period available to Members for an efficient operation of the services, and may edit and transfer contents registered in the Directory without prior notice.
16.2 KOTRA may delete a posting made by a Member without prior notice if:
16.2.1 the posting contains slanderous or defamatory contents against other Members or a third party;
16.2.2 the posting conflicts with public order and public policy;
16.2.3 the posting is objectively held that it is linked to criminal activities;
16.2.4 the posting contains contents infringing intellectual property rights or other rights held by KOTRA or a third party;
16.2.5 the posting is not compatible with the nature of the applicable service or is made in a redundant manner;
16.2.6 the posting contains fraudulent or exaggerated advertising contents;
16.2.7 the posting is subject to a report made by a third party on the basis of specific grounds that it infringes another user’s interests due to Internet fraud and it is recognized that the report is valid in the light of reasonable doubt.
16.2.8 the posting contains computer viruses or data that cause malfunction and confusion of information and communications facilities;
16.2.9 the Member posts pornographic materials or websites on the Directory; or
16.2.10 it is determined that the posting violates applicable laws and statutes.
16.3 The person who makes the relevant posting shall take all civil and criminal responsibilities for the infringement of copyrights that is caused in relation to the images, words, video clips (including without limitation, attached files), and KOTRA shall not take any responsibility therefor.
16.4 Copyrights to a posting registered within the Directory shall belong to the person who makes the posting, and KOTRA shall have a right to place postings in the Directory.
16.5 Where the contents of information posted or registered by a Member in the website of KOTRA constitute information infringing a third party’s rights, including without limitation, the third party’s privacy, reputation, copyrights or intellectual property rights (the “Infringing Information”), if the third party explains KOTRA of the infringement of its rights by the Infringing Information and requests it to delete the Infringing Information or to place a repudiation against the Infringing Information, KOTRA will promptly take necessary measures to delete the Infringing Information or to temporally ban the Member’s access to the extent of thirty (30) days (the “Temporary Measure”), which shall be the same when KOTRA determines that certain information posted or registered by a Member infringes a third party’s rights.
16.6 Where KOTRA takes necessary measures against the Infringing Information pursuant to Article 16.5, it shall immediately give the notice of such measures to both the third party who has requested KOTRA to take necessary measures and the Member who has posted the Infringing Information. If the Member subject to the deletion or the Temporary Measure in relation to information posted or registered by him/her requests KOTRA to recover the deleted information or to cease the Temporary Measure by providing KOTRA with an agreement or enforceable instrument executed between the parties to the relevant dispute or other evidentiary documents fully proving that information subject to deletion or the Temporary Measure is not the Infringing Information.
Article 17 (Termination or Use Restriction)
17.1 If a Member intends to terminate the use contract, he/she shall personally request for the termination of the contract via the Internet. KOTRA will take a measure after confirming the identity of the Member. In this case, the Member may sign up for membership again by complying with the membership procedure and relevant terms established herein.
17.2 KOTRA is entitled to terminate the use contract with a Member or cease the use of services by a Member without a prior notice thereof if:
17.2.1 the Member illegally uses another Member’s ID and Password;
17.2.2 the Member intentionally interferes with the operation of services;
17.2.3 it is held that the registered information of the Member is fraudulent (such a case as the Member uses a borrowed name) or there is a reasonable cause for KOTRA to doubt that the registered information of the Member is fraudulent;
17.2.4 the Member breaches Article 8;
17.2.5 the Member breaches any obligations under Article 10;
17.2.6 the Member registers a posting as stipulated in Article 16.2 hereof, or deals with or attempts to deal with goods conflicting with public order and public policy;
17.2.7 the Member is subject to a report made on the specific ground that his/her activities infringe another Member’s interests due to his/her intentional delay in making payments and Internet fraud, and it is held that the contents of the report is proper in the light of reasonable doubt;
17.2.8 the Member makes redundant registration under multiple IDs;
17.2.9 the Member disseminates contents impairing public order and public policy;
17.2.10 the Member engages in an act of damaging or unfavorably treating another’s reputation;
17.2.11 the Member transmits a large amount of information or advertising information with intent to prevent the stable operation of the services;
17.2.12 the Member disseminates computer virus programs designed to cause malfunction or destruction of telecommunication facilities and data;
17.2.13 the Member infringes intellectual property rights or other rights held by KOTRA or a third party;
17.2.14 the Member illegally uses another’s personal information, ID or Password;
17.2.15 the Member places pornographic contents or links to pornographic websites in the Directory;
17.2.16 the Member engages in an act of violating these Terms or applicable laws and statutes, including an act that is deemed to be related to crime, an act of planning or executing the use of services with intent to impair public interests, and an act of interrupting the provision of services; and/or
17.2.17 it is deemed that the Member violates applicable laws and statutes.
17.3 KOTRA is entitled to immediately cease the provision of services to a Member, deprive the Member of his/her membership and restrict the Member’s use of other services provided by KOTRA if:
17.3.1 the Member interferes with the normal business operation of KOTRA by using abusive and bad languages or committing sexual harassment;
17.3.2 the Member intentionally and habitually files complaints with intent to obtain unjust gains; and/or
17.3.3 the Member interferes with the business operation of KOTRA by continuously making it hold accountable for matters for which KOTRA is not subject to legal liability;
17.4 KOTRA will notify a Member of its intention to terminate by using email, telephone, facsimile or other methods; provided, that KOTRA may give the Member an opportunity to express his/her opinion about the causes of termination in advance.
17.5 Termination of a contract or use restriction under this Article shall not affect KOTRA’s right to claim damages against the Member.
CHAPTER 6 MISCELLANOUS
Article 18 (Indemnification)
18.1 KOTRA shall not take any responsibility for information and materials that a Member obtains by using the services.
18.2 KOTRA shall not take any responsibility for information and materials posted in the services and the reliability and accuracy of such information and materials.
18.3 KOTRA shall not take any responsibility for a Member’s failure to earn certain profits expected to earn from KOTRA’s website and a Member’s choice or use of service materials.
18.4 KOTRA shall not take any responsibility for mental and monetary damage which will be suffered by a Member using the Directory from other Members or a third party.
18.5 Personal information that is included in the contents voluntarily and publicly posted by a Member could be collected and used by another. KOTRA shall not take any responsibility for such risks.
18.6 KOTRA does not represent other websites visited by a Member through this website, nor KOTRA has a right to control such websites.
18.7 KOTRA shall not take any responsibility for damage suffered by a Member without KOTRA’s willful act or gross negligence in relation to the use of services provided by KOTRA
Article 19 (Governing Law and Jurisdiction)
19.1 All disputes arising in relation to the use of services between KOTRA and a Member shall be exclusively submitted to a court having jurisdiction over the head office of KOTRA as first instance.
19.2 All dispute arising in relation to these Terms and the interpretation thereof shall be governed by the laws of the Republic of Korea.
Supplementary Term (Effective Date) These Terms shall be effective from July 15th, 2020.