CHAPTER 1 General Provision
Article 1 (Purpose)
Article 2 (Notification and Revision)
Article 3 (Types of Services)
KOTRA offers the following Services:
- e-Marketplace: This service provides online marketplaces that allow e-commerce including offer, negotiation, contract, payment made between Members through the Internet website (www.buykorea.org/GP) operated by KOTRA.
- 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.buykorea.org/GP) except for sales purchase related services.
CHAPTER 2 Application and Termination
Article 4 (Principle of Use Agreement)
- Only the Buyer who is permitted to use the Internet website (www.buykorea.org/GP) by the KOTRA 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 KOTRA online.
- Essential Information : ID(Email), Password, Name, Telephone Number, Company name, Company CEO name, Company Address, Number of Employees, Annual Sales, Products of Interest(HS CODE).
- Optional Information: Job Position, Mobile, Fax, Company Homepage Address, Year of Company Establishment, Company Business Type, Company Introduction.
Article 6 (Acceptance of Application)
- If KOTRA cannot identify whether the information entered by an applicant is true, KOTRA may request the applicant to submit more information and evidence thereto.
- The applicant who is accepted by KOTRA manager obtains membership as a member of Global Partnership and can use the Services.
- The applicant who has been issued with an ID shall assume the legal responsibility for compliance with any contracts made and payments required.
Article 7 (Rejection and Suspension of Application)
KOTRA may reject the application for the following cases
- 1)The name entered into the prescribed form is not right or false.
- 2)The information entered is false.
- 3)The application is illegal or unreasonable.
- KOTRA may suspend the application. At the time of such suspension, KOTRA shall notify the cause of the suspension, period of time allowed to submit any additional information requested by KOTRA, or additional information or evidence needed for acceptance of the application through e-mail or other methods.
Article 8 (Termination of Use Agreement)
1.Termination by Buyer
- 1)Buyer may terminate the Use Agreement by notifying his/her intention to terminate the Use Agreement to KOTRA. The Use Agreement is terminated when KOTRA identifies the intention of the termination.
- 2)Buyer shall complete, withdraw from, or cancel all ongoing contracts or purchase procedures before the intention of the termination is notified to KOTRA. The disadvantages caused by withdrawing from or canceling the ongoing contracts or purchase procedures shall be a burden to be borne by the Buyer.
2.Termination by KOTRA
1)KOTRA may terminate the Use Agreement without any notice in the following cases:
- ①A Buyer violates the regulation set by KOTRA when the Member transacts business with another Member.
- ③A Buyer infringes the right of KOTRA or Members, defames their reputation, impairs their credit, or otherwise disadvantages them.
- ④A Buyer disturbs or attempts to disturb Global Partnership.
- ⑤A Buyer forces business transactions via negotiation, contract, and order even if the Member does not intend to trade in products.
- ⑥A Buyer distributes contents against public morals or public order.
- ⑦A Buyer defames other Member's reputation or disadvantages other Members.
- ⑧A Buyer sends a large amount of information or spam to disturb the stable operation of Services.
- ⑨A Buyer distributes computer virus programs that cause malfunction of information communication facilities or provide incorrect information.
⑩A Buyer infringes intellectual property right of KOTRA, other Members, or the 3rd party. For examples:
- A Buyer illegally uses the personal information such as user ID and password of other Members.
- A Buyer posts obscene materials on the bulletin board or links to obscene sites.
- A Buyer violates other agreements or related laws.
- 2)KOTRA may give an opportunity for the Buyer 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 Buyer whose membership is expired by the termination.
CHAPTER 3 Protection and Provision of Personal Information
Article 9 (Collection of Personal Information)
- KOTRA may collect the minimum information required for implementing purchase contracts. The information specified in Section 1 of Article 5 shall be essentially included, and other information shall be optional.
- The personal information provided by KOTRA 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 10 (Offer and Share of Personal Information)
- KOTRA may use personal information(except for the information displayed on the Internet website(www.buykorea.org/GP) such as user ID, name, etc.) in other online sites directly operated by KOTRA 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 purposes. However, if the data subject allows use of his/her the information, the information may be used.
- KOTRA may expose Buyer information in the Global Partnership for Seller(www.buykorea.or.kr/GP) when the Buyer registers the ‘Partnership Offer’ on Global Partnership(www.buykorea.org/GP).
KOTRA shall not provide personal information collected to a 3rd party without the permission of the data subject except in the following cases:
- ①When the personal information is required for delivering products, the necessary information(name, address, phone number, etc.) is provided to the carrier.
- ②When law allows the use of the information of a Member or a 3rd party.
- ③When the personal information is required for seamless transactions between Members.
- ④When the personal information is required for ‘after sales service’ after the transaction ends.
- Seller‘s phone number may be displayed on the product information screen.
- The information of a Buyer is provided to the counterpart for product Q&A and negotiation.
Article 11 (Protection of Personal information)
- Buyer always can view or change his/her information.
- KOTRA shall make every effort to protect personal information, and a Member shall take proper measures to protect his/her information.
Article 12 (Storage of Personal information)
When the Use Agreement with a Buyer is terminated, KOTRA shall stop collecting, using, providing the corresponding personal information and destroy such information immediately. However, personal information shall be retained in the following cases:
- ①KOTRA shall retain personal information for a certain time period set by the related laws such as commercial law and customer protection law in e-commerce.
②Even if the Use Agreement is expired, KOTRA 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.
④KOTRA 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 KOTRA terminates the Use Agreement or a Member’s membership is suspended.
Article 13 (Change and Management of Personal Information)
When the Buyer’s information is incorrect, Buyer may correct such information by him/herself or KOTRA may request to correct such information to the Buyer immediately. If the information is determined as incorrect information, KOTRA may suspend the Services until the information is properly changed.
- Buyer shall be responsible for the damages caused by failing to correct his/her information where such information had changed. KOTRA shall not assume the responsibility for such damages.
- Buyer is responsible for managing his/her personal information such as user ID and password.
- Buyer shall not transfer or lend his/her user ID and password to a 3rd party.
If personal information is thieved or used by a 3rd party, the Buyer shall notify the information leakage to KOTRA immediately after it comes to his/her knowledge, and follow the actions taken by KOTRA to manage and protect the personal information.
CHAPTER 4 Disclaimer
Article 14 (Limitation of Liability)
To the maximum extent permitted by law, the Services provided by KOTRA on or through the Internet site(www.buykorea.org/GP) are provided "as is", "as available" and “with all faults”, and KOTRA 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.
To the maximum extent permitted by law, KOTRA 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; KOTRA 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 KOTRA makes no representations or warranties of any kind concerning any product or service offered or displayed on the sites.
Any material downloaded or otherwise obtained through the Internet Site(www.buykorea.org/GP) 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 KOTRA’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 KOTRA or through or from the Internet website (www.buykorea.org/GP) shall create any warranty not expressly stated herein.
The Internet website (www.buykorea.org/GP) 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 KOTRA be held liable for any such services or products.
Each Member hereby further agrees to indemnify and save KOTRA, 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 KOTRA is not responsible and shall have no liability to Members, 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. KOTRA 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 KOTRA in asserting any available defenses.
KOTRA 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:
- ①the use or the inability to use the Internet Site(www.buykorea.org/GP) or Services.
- ②any defect in goods, samples, data, information or services purchased or obtained from a Member or any other 3rd party through the Internet Site(www.buykorea.org/GP) or Services.
③violation 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.buykorea.org/GP) 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.
- ④unauthorized access by 3rd parties to data or private information of any Member.
- ⑤acquisition of information not provided by KOTRA or on the Internet Site(www.buykorea.org/GP)
- ⑥statements or conduct of any Member of the Internet Site(www.buykorea.org/GP) or Services; or;
- ⑦any matters relating to the Internet Site(www.buykorea.org/GP) or Services, however arising, including negligence.
Article 15 (Force Majeure)
Under no circumstances shall KOTRA 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 KOTRA’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 16 (Related Law and Jurisdiction)
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 KOTRA shall not assume the responsibility for the dispute.