Terms of use interpark iMarketKorea

Membership agreement

Chapter 1 General provisions

Article 1 (Name)

This Marketplace is called iMarket Korea.

Article 2 (Main operator)

The main operator of this marketplace is iMarket Korea.
Article 3 (Purpose)

The purpose of this agreement is to stipulate matters concerning the use of B2B electronic commerce service operated by iMarket Korea.

Article 4 (Definition)

A. “iMarket Korea” refers to a virtual marketplace that iMarket Korea established using IT facilities such as internet servers operating specialized software in order to provide goods or services transactions between members and related additional services, and also to the operator of said marketplace.

B. “Member” refers to any person who submitted the required forms according to the procedure stipulated by iMarket Korea and thus was registered as a member of iMarket Korea, and therefore entered into a service use agreement between iMarket Korea and members.

C. “Buyer” refers to any member who purchases goods or services through iMarket Korea, and “seller” refers to any member who sells goods or services through iMarket Korea.

Article 5 (Specifications and changes made to the agreement)

A. This agreement is posted in the iMarket Korea service screen (www.iMarket Korea.com), and becomes an integral part of the service use contract between iMarket Korea and members.

B. If necessary, iMarket Korea may revise this agreement to the extent that it does not violate the Regulations of Standardized Contracts Act, the Framework Act on Electronic Commerce, the Digital Signature Act, the Act on Promotion of Information and Communication Network Utilization and Information Protection, the Door-to-Door Sales Act, and the Consumer Protection Act. The revised agreement will take effect on the date of application as the date of application and reason for revision are posted along with the existing agreement in the iMarket Korea service screen 7 days prior to the date of application.

C. Members, objecting to the revised agreement, may submit their opinions to iMarket Korea, but in order not to be subjected to the revised agreement, they must cancel their service use agreement with iMarket Korea before the date of application of the revised agreement.

Article 6 (Contents of service and changes thereto)

A. iMarket Korea provides the following services:
1) Provision of information regarding the goods or services that are traded, or can be traded, at iMarket Korea;
2) Trading of goods or services and mediation thereof, and;
3) Other services specified by iMarket Korea
B. If necessary, iMarket Korea may change the services provided to members. In such a case iMarket Korea will announce the reasons of service change to members at least 7 in advance.

C. iMarket Korea will not compensate its members for any damage sustained by members due to the service change described in Clause B of Article 6. However, if said damage was caused by iMarket Korea intentionally or by negligence an exception will be made.

Article 7 (Suspension of service)

A. iMarket Korea may temporarily suspend service provision in case of repair, inspection and/or replacement of IT facilities or equipment, or as a result of disconnection of communication. In such cases, iMarket Korea will announce the service suspension and the reason thereof in accordance with the method specified in Article 11.

B. iMarket Korea will not compensate any member for any damage sustained by any other member due to the temporary suspension of service according to Clause A of Article 7. However, if said damage was caused by iMarket Korea intentionally or by negligence an exception will be made.

Article 8 (Other regulations)

Matters not specified in this agreement shall comply with the provisions in the Regulations of Standardized Contracts Act, the Framework Act on Electronic Commerce, the Digital Signature Act, the Act on Promotion of Information and Communication Network Utilization and Information Protection, the Door-to-Door Sales Act and any other related laws and regulations, or generally accepted commercial practices.

Chapter 2 Becoming a member Article 9 (Becoming a member)

A. Those who want to become a member of iMarket Korea must expressly agree to this agreement, enter the required member information in the application form and provide the specified documents. Additionally, depending upon whether one joins as either a buyer or seller, the following documents must also be submitted accordingly:

1) Buyer: a copy of the business license and certificate of the corporate seal or, in the case of a single proprietorship, a copy of the certificate of the personal seal of the company representative.

2) Seller: a copy of the business license, certificate of corporate seal or, in the case of a single proprietorship, a copy of the certificate of the personal seal of the company representative, and a copy of the bankbook of the settling bank of the corporation or representative of the single proprietorship, and basic transaction agreement.

3) Note: iMarket Korea may request additional documents if necessary.

B. As long as the person applying for membership is not any of the following, iMarket Korea will register him/her as a member.

1) If the membership applicant has ever lost membership previously in accordance with Clause B of Article10of this agreement. However, an exception may be made if the applicant has been disqualified for more than a year.

2) If the application form contains any false or missing information, or any error. 3) If membership registration is deemed inappropriate in consideration of the business nature of iMarket Korea, or likely to cause a technical problem.

C. Membership will be granted after iMarket Korea informs the member of its intention to approve his/her membership application, sends the user ID and password to the applicant, and verifies the receipt thereof.

D. If the registered membership information is changed, the member must immediately notify the change to iMarket Korea via e-mail or by other means. The member will be responsible for any and all damage caused by his/her failure to notify the said change; iMarket Korea will not be responsible for any such damage at all.

Article 10 (Withdrawal of membership and disqualification)

A. The member may request iMarket Korea to be withdrawn from membership at any time, in which case iMarket Korea will process the request immediately. In this case the member must notify the change to iMarket Korea via e-mail or by other means and disclose his/her userID and password. A buyer must withdraw the purchaser request, and a seller must cancel product registration. However, transactions which had already been established will not be affected by the withdrawal of membership.

B. In any of the following cases, iMarket Korea may limit the membership of a member or have a member forfeit membership. In such a case, however, iMarket Korea will notify the member of the reason for disqualification and give him/her an opportunity to state his/her opinion. If iMarket Korea disqualifies a member, all the registration information of the member shall be deleted.

1) In case the information provided in the application is false;
2) In case a member does not take responsibility for an adverse decision he/she made involving the iMarket Korea service without a valid reason;
3) In case a member interfered with the operation of iMarket Korea’s service;
4) In case a member used iMarket Korea to commit an act in violation of laws, this agreement or good public order;
5) In case members used the information and data of the member companies and iMarket Korea that they acquired through iMarket Korea for purposes other than iMarket Korea business, or leaked it to a third party; and,
6) In case maintaining the membership is deemed inappropriate with regards to establishing order in electronic transactions.

Article 11 (Notification to members)

A. If iMarket Korea notifies members, iMarket Korea may use the e-mail address they submitted.

B. As far as notification to all members is concerned, iMarket Korea may replace individual notifications with posting a notice in the announcements section of the service screen.

Chapter 3 Using iMarket Korea service Article 12 (Purchasing)

A. Members who want to use the iMarket Korea service to purchase goods or services must use the registration form provided by iMarket Korea to make the purchase request.

B. Buyers will be wholly responsible for false information and errors in the purchase request.

C. Buyers must follow the procedure set up by iMarket Korea to cancel the purchase request for goods or services.

D. If a buyer cancels a purchase request without a valid reason, and if he/she refuses to receive the goods or services provided by iMarket Korea according to the buyers’ order, or if they return the goods or services they previously received, or if they refuse to pay for them, iMarket Korea may disqualify them for reasons such as a breach of service reliability or violation of an electronic commerce order in accordance with Clause B of Article 10 of this agreement. If iMarket Korea sustained physical and/or intangible damage due to any such act of a buyer, iMarket Korea may lodge a claim for damages against the buyer.

Article 13 (Selling)

A. Members who want to use the iMarket Korea service to sell goods or services must register their goods or services according to the registration format provided by iMarket Korea.

B. Sellers will be wholly responsible for false registration or incorrect information.

C. Sold goods or services must be cancelled in accordance with the procedure set up by iMarket Korea.

D. If a seller refuses to sell without a valid reason, or refuses to provide or delays provision of goods or services ordered by iMarket Korea, and refuses to take valid returns, iMarket Korea may disqualify them for reasons such as breach of service reliability or violation of an electronic commerce order in accordance with Clause B of Article 10 of this agreement. If iMarket Korea sustained physical and/or intangible damage due to any such act of a seller, iMarket Korea may lodge a claim for damages against the seller.

Chapter 4 Obligations of iMarket Korea and members, Article 14 (Protection of member information)

A. iMarket Korea must collect a minimum of necessary information about members. When collecting information other than that recorded in the membership application form or when providing member information to a third party, iMArket Korea must obtain the express approval of the member.

B. iMarket Korea will not use the member information it collected for purposes other than to provide the iMarket Korea service and the expansion thereof, and if iMarket Korea causes any damage to any member by using member information for other purposes or providing member information to a third party without the express consent of members, iMarket Korea will be wholly responsible.

C. In the following cases, however, iMarket Korea may use member information or provide said information to a third party without the consent of the member.

1) In case iMarket Korea needs to provide a minimum of necessary information to a shipping company,

2) In case iMarket Korea provides member information for such purposes as statistics, PR, academic research or market research in such a way that it is impossible to identify the person or corporation,

3) In case information disclosure is required by other laws and regulations, or it is possible to provide member information in accordance with laws and regulations,

D. Members can access information about themselves at any time, and request that incorrect information be corrected or deleted. If a member requests iMarket Korea to correct his/her information, the correction will be made immediately and the information will not be used until the errors are corrected.

E. If the objective of collecting or receiving member information is accomplished, iMarket Korea will immediately scrap the member information.

Article 15 (Obligations of iMarket Korea)

A. iMarket Korea will provide services for members continuously and stably.

B. iMarket Korea must always keep the facilities for providing services operable, and if any of these facilities fail, iMarket Korea must immediately repair it to ensure that members will not experience any inconvenience in using its services.

C. iMarket Korea will try its best to safeguard private information and maintain security.

D. If a member’s complaint is regarded as valid, iMarket Korea will handle it immediately. If it is difficult to do so, however, it will notify the reason to the member.

Article 16 (Obligations of members)

A. Members will be wholly responsible for managing their own user IDs and passwords.

B. No member should transfer their user ID and password to any other person, nor allow anyone to use their ID and password. iMarket Korea will not be responsible for any loss or damage caused when a member transfers or leaks his/her user ID or password, or permits the use thereof.

C. If a member learns that his/her user ID or password has been stolen or used by a third party without permission, he/she must notify iMarket Korea immediately, and consult with iMarket Korea about changing the user ID and password. Members must assume all responsibilities arising from such an incident until they notify iMarket Korea of the theft or fraudulent use and have their user ID and password replaced.

Article 17 (Ownership and limited use of copyright)

The copyright and other intellectual property rights attached to the virtual space provided by iMarket Korea will belong to iMarket Korea.

Chapter 5 Escape clause Article 18 (Immunity of the company)

A. If iMarket Korea cannot provide service due to a natural disaster or force majeure, it will be exempt from responsibility for service provision.

B. iMarket Korea will not be responsible for failure to provide service for reasons attributable to Internet users (i.e. hackers, etc.) or members.

C. iMarket Korea will not be responsible for any damage caused by a voluntary exchange of information and service among members.

D. iMarket will not be responsible for any damage caused by information posted by member, nor for any damage caused by inaccurate data posted by a member.

Article 19 (Competent court of law)

If a lawsuit is filed due to a dispute between iMarket Korea and any member or group of members in relation to services provided by iMarket Korea, the case will be handled by the appropriate court of law according to the Civil Procedure Act.

Article 20 (Miscellaneous)

A. If any member discovers any violation of this agreement or contacts iMarket Korea with regard to an inconvenience experienced while using the service, iMarket Korea will respond immediately and take necessary measures as quickly as possible.

B. If any of the provisions of this agreement conflicts with any individual contract between a buyer and seller, the provisions of the individual contract between the buyer and seller will take precedence.
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