Article 1 (Purpose)
The purpose of these Terms and Conditions is to set out the rights, obligations, and responsibilities of the Korea International Trade Association (hereafter to be referred to as “KITA”) and users of KITA-provided online overseas marketing and support service (hereafter “the Service”) through the relevant KITA-operated website for trade support (“innobranch”).
Article 2 (Definitions)
- Innobranch is a virtual service set up by KITA to help match Partner and Startup businessees.
- “Members” refer to those who have been provided their ID as members after signing the contract with KITA for using the Innobranch Website. There are two types of members.
- “Members” refer to the members allowed to use the Innobranch Website-provided service.
- “Corporate members” refer to corporations or individual businesses with certificate of business registration engaging in professional business transactions.
- “member ID” refers to an ID composed of a combination of letters and numbers selected by a member and approved by KITA for identification of him/her and his/her use of the Innobranch Website
- “Password” refers to a combination of letters, numbers, and special characters selected by members for identification of themselves and for protection of their personal information.
- Meanings of terms used herein but not defined in this Article 2 shall follow what is stipulated in relevant laws such as the Framework Act on Telecommunications, the Telecommunications Business Act, and the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
Article 3 (Notice about Terms/Conditions)
- KITA shall post the contents of these Terms and Conditions, names of businesses, contact information (email/phone numbers, etc.), business registration numbers, etc. on the initial Service screen for easy recognition of users.
- As regards a specified service, KITA may decide on and post the matters to be applied to it (hereafter “individual terms and conditions”) in advance where required.
- Where members have consented to individual terms and conditions for using a specified service, individual terms and conditions shall have priority over others in application.
- Where the content of revision that may be disadvantageous to members is concerned, KITA shall have at least 30 days of grace period and post it on the Innobranch Website in advance of the enforcement, and inform members of the relevant changes by email. Where the members’ contact address remains unclear, such as due to non-entry of contact information or changes that have not been updated, which make it impossible to provide individual notices, a notice made in accordance with these Terms and Conditions shall be deemed to have acted as an individual notice.
- Revised terms and conditions shall apply even to members who signed these Terms and Conditions before the revision.
- Members who are against to the revised terms and conditions may cancel the contract for using the Service at any time and request KITA to have their registered personal information deleted.
- Members who continue to visit the Innobranch Website to use the Service after the date of enforcement of the revised terms and conditions shall be deemed to have consented to these Terms and Conditions.
- Revisions shall have priority over previous terms and conditions in application.
- If there is a conflict between these Terms and Conditions and a relevant law, the relevant law shall prevail.
- Regarding the services that are provided, KITA may amend these Terms and Conditions within the extent that does not violate any of the following relevant laws concerning members’ use of the Service: the Act on the Consumer Protection in Electronic Commerce , etc., the Act on the Regulation of Terms and Conditions, Framework Act on Electronic Document and Transactions, the Framework Act on Consumers, the Act on Fair Labeling and Advertising, and the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
Article 5 (Service Contract)
- A contract for using the Website service (hereinafter referred to as "a service contract") shall become valid by KITA’s acceptance of the service application. KITA shall inform the applicant of its acceptance of the application by posting the notice on the Service screen or through email or the like.
- KITA may refuse to accept an application if one of the following is the case. (the applicant having a past record of violating these Terms and Conditions or a relevant law)
- False statement in the application,
- Unauthorized use of another person’s name,
- Unauthorized use of another business’s business registration number in the application,
- When user is reported by another member of the Innobranch Website for an unlawful act of dishonesty that has been perpetrated by the applicant
- Failure to meet requirements stipulated in the application.
- any member of Innobranch shall use one common member ID that can be used within the company / organization / organization to which the member belongs.
- All member ID and password-related management responsibility lies with members. KITA shall not be held responsible for loss and/or damages caused by members’ careless management, leakage, or transfer or lending of their ID through no fault of KITA.
- Members shall perform the following for safe management of their ID and password.
- Where their ID or password is stolen or used in an unauthorized by a third party, they shall inform KITA of it immediately and follow KITA’s instructions, if any.
- When users have finished using the Service, they shall check that they have logged out.
- They shall not disclose their member ID or password to a third party or let him/her use it without a justifiable reason.
- Corporate members shall manage their member ID thoroughly to prevent leakage or tampering of important information. KITA shall not be responsible for any loss and/or damages incurred by corporate members caused by their carelessness in handling their member ID.
- Member ID shall not be shared with others or transferred to others. Where a member is in violation of the foregoing sentence, KITA may block the use of his/her/its member ID.
- Members may terminate a service contract at any time by giving a notice to KITA.
- KITA may terminate a service contract where one of the following is the case. In such a case, KITA shall inform the member of the termination by email, phone or fax. KITA may provide the member with an opportunity to express his/her/its opinion of the termination in advance.
- A member’s failure to meet KITA- defined requirements for the Service provided by the Innobranch Website either before or after the application
- It being proven or reasonably suspected that the registered information is false or the application was made in the name of another person
- A member’s violation of his/her/its obligation stated in Article 6 hereof
- A member’s violation of his/her/its obligation stated in Article 13 hereof (additional)
- A member posting things stated in Article 14-1 1of the terms and conditions on the Innobranch Website or engaging in transaction of goods that may run counter to public order or established social morals and good customs
- A member refusing to consent to KITA’s amendment to these Terms and Conditions or addition/change/deletion of the content of the Innobranch Website due to a change in relevant laws or the situation of transaction or for improvement of the Service, even after having been asked for consent
- A member engaging in an act in violation of these Terms and Conditions or a relevant law or being subject to a situation requiring termination of a service contract under these Terms and Conditions such as an act presumed to be linked to a crime, a (planned) act of using the Service to obstruct the public good, and/or an act of obstructing the provision of the Service
- As regards the termination of a service contract, KITA shall inform the relevant member of it, along with the reason for termination, by email, phone, fax, or other methods. However, KITA may give such a member an opportunity to express his/her/its opinion in advance before the termination.
Article 8 (Service Types)
KITA shall provide the following Services to members on the Innobranch Website.
- The Service of Innovation challenges for providing matching between members
- The Service to create Innovation challenges and to access information of Startup members applied Innovation challenges to partner.
- The Service to access and apply for Innovation challenges to startups.
- The Service to KITA Newletter with KITA relevant events
- KITA-designated Services related to public notices, inquiries made between those engaging in Innovation Challenges.
Article 9 (Service Hours)
- KITA shall operate a 24/7 Website Service unless technical difficulties arise.
- The Service may be interrupted during KITA’s periodical maintenance of the system. In such a case, KITA shall serve a notice to members in advance.
Article 10 (Change in Website-related Content)
- KITA may add something to or change or delete the content of the Innobranch Website upon obtaining members’ consent and providing notice on the Innobranch Website 7 days before the change is take effect, so that members can fully understand the changes
- Members shall check to see whether there is any change in the content of the Innobranch Website or a public notice about such a change.
- KITA may stop the Service temporarily where one of the below cases is true:
- Maintenance, expansion, and replacement of the Innobranch Website system
- Occurrence of a situation beyond KITA’s reasonable control (e.g. problem with system disk or system breakdown through no fault of system manager)
- Problem in the system caused by a third party such as a communications business or CP through no fault of KITA
- KITA may stop or put a limit on the Service where there is a problem in the normal use of the Service due to a national emergency, power failure or a problem in the Innobranch Website facility or overuse of the Service.
- KITA shall not be held responsible for compensating for losses and/or damages incurred by members due to a (temporary) stoppage of the Innobranch Website Service unless such losses and/or damages have been caused by KITA’s gross negligence or willful misconduct.
- KITA shall see to it that the Service applied for by a member shall be started on the day stated on the application unless there is a special reason not to.
- KITA shall provide the Service stably and without interruption under these Terms and Conditions.
- KITA shall protect personal information according to relevant laws and detail information will be provided in Personal Information Handling Guidelines.
- To use the Service, members shall meet the requirements set by KITA.
- Members shall provide their corporate/personal information on the Innobranch Website truthfully and accurately in accordance with the designated form and update it as time passes.
- Members shall observe these Terms and Conditions and relevant laws.
- Members shall not engage in the following:
- Reproduction of information obtained from the Innobranch Website or provision of such to a third party for any purpose other than the members’ own use without KITA’s prior consent
- An act that runs counter to the healthy use of the Service such as continued transmission of advertising information against receivers’ wishes for the Service or transmission/receipt or registration of posting of an excessively large amount of data that may impede stable operation of the Service.
- An act that may infringe on the rights, honor, credit or other legitimate profiting of KITA or other members.
- An act intended to obstruct smooth operation of the Service.
- A creation intended not to operate Innovation challenges.
- An act applied for Innovation challenges application other than the intention of applying
Article 14 (Members’ Postings)
- KITA has the right to delete members’ postings or information registered or to stop providing the Service temporarily when a service contract is terminated or where it is judged that their content falls under any of the following category.
- Slander of KITA or other members or a third party; infringement on another person’s rights, honor, credit or legitimate profit through slander
- Running counter to public order or established social morals and good customs
- All acts related to posting, registering or publicizing illegal/obscene materials, media, etc. that are harmful to youth
- Possibility of infringing on others’ intellectual property rights
- Registration of goods associated with infringement on the holder of trademark rights
- Posting not corresponding to the nature of the Service or overlapping with another posting
- False content or content including exaggerated ad
- Content objectively judged to be associated with a criminal act
- Content reported as a case of Internet fraud based on valid merits
- Content including computer virus or data causing confusion or malfunction of information/communications facilities
- Content judged to run counter to KITA’s posting management regulation or relevant laws
- All responsibilities under the Civil and Criminal Acts including infringement on copyrights caused by images, phrases, videos (including attached files) posted shall rest with the member who posted such materials and KITA shall not be held responsible for them.
- The poster shall retain the copyright for postings registered with the Innobranch Website unless they do not infringe on a third party’s rights. KITA shall retain the right to post them within the Innobranch Website
- KITA may display member-registered postings on search sites or KITA-related sites and use them for KITA’s sales promotion, publicizing and the like, at no cost. KITA may reproduce, display, transmit or distribute members’ postings within the Service. KITA may also derive them as derivative or edited works, but shall comply with the request of members who registered relevant postings to stop using or delete them immediately except as required by law to retain them. Copyright and intellectual property rights for the work undertaken by KITA and its entrusted business shall revert to KITA.
- Where there is a party alleging that its rights related to privacy, copyright or intellectual property rights have been infringed upon due to information registered or posted by a member on the Innobranch Website and asks that KITA delete such information or post a refutation countering such information, KITA shall comply with the request and take a necessary temporary step to block access to such information for a period not exceeding 30 days. The foregoing sentence shall apply mutatis mutandis to a case, where KITA judges that certain information registered or posted by a member infringes on someone’s rights. Upon taking a necessary step concerning such information, KITA shall inform the requestor and the member who registered or posted such information of its action taken. Where a relevant member asks KITA for restoration of the deleted information and stoppage of the temporary step taken by KITA by presenting written evidence about such information not considered as being breaching information such as an agreement between the relevant parties or a report with the power of finality or the like, KITA may comply with such a request.
- KITA may run advertisements on the Innobranch Website.
- KIT shall not be responsible for any loss and/or damages incurred by members through their participation in advertisements or sponsors’ sales promotional activities on the Innobranch Website.
- As a party only providing a marketplace for online transaction between members, KITA shall not be deemed to represent any member intending to partner or startup. No action undertaken by KITA shall be deemed to be an act representing a provider or consumer.
- KITA shall not provide any warranty concerning transactions between members within the Innobranch Website including the existence of intention to sell or purchase and truthfulness about such intention; form, completeness, safety or legitimacy of Innovation challenges; non-infringement of third party rights; truthfulness of the information entered by a member and of the data posted on a URL link through such information, etc. All risks and responsibilities concerning transactions between members within the Innobranch Website shall be borne by members.
- KITA will not control or restrict information such as descriptions of Innovation challenges provided by members. However, where it is judged that the content of the information posted by a member may infringe on a third party’s honor or rights or violate law, KITA may refuse to approve it, delete it or take other necessary steps.
- KITA maintains its neutrality as a service that helps matched connections in running the Innobranch website. It does not represent any member using the Innobranch website, and any risks and responsibilities associated with it are borne by the member.
Article 17 (Indemnity)
- KITA shall not be held responsible for a result of the inability of providing the Service either temporarily or permanently due to a force majeure situation such as acts of God, repair or check of information/communications facilities or interruption of communications. In such a case, KITA shall inform members by posting a notice on KITA-provided Internet site screen or the like. However, despite the direct notification, we are not responsible for any loss or damage.
- KITA’s Service is for the matching of business between members an online service to members. Members shall engage in the following themselves and KITA shall not be held responsible for the following.
- management of transactions carried out between members through the Innobranch Website, a provider’s fulfillment of its part of a transaction, withdrawal of an application, defect of provider service settlement of a dispute arising from defective service, etc. KITA shall not be responsible for losses and/or damages incurred (including product liability) to members due to defective goods or errors in/insufficiency of registered information about goods transacted through the Innobranch Website.
- KITA shall not be responsible for cases where members do not receive certain expected profits from a transaction carried out through the Innobranch Website or members’ selection or use of the Service-related materials.
- KITA shall not be responsible for mental suffering experienced by members incurred by other members while using the Innobranch Website, unless it is a case where KITA has knowingly left the problem unattended with malicious intent.
- KITA shall not be responsible for loss incurred by members due to reliance on information or materials posted on the Innobranch Website.
- Personal information included in a content that a member voluntarily and openly posted may be collected and used by others. Individual members shall bear such a risk, and KITA shall not be responsible for any results incurred from such risks.
- All losses and/or damages due to a member’s failure to correct wrong or outdated information registered at the time of the member’s application for the Service and registration of postings shall be the member’s own responsibility and KITA shall not be responsible for any results as such.
- KITA does not represent or has control over other sites that members may visit through the Innobranch Website.
- KITA is an entity independent of businesses connected through the Internet (which refer to businesses operating the sites connected through the Service screen and links) and shall not be responsible for the result of transactions between them and members.
- KITA shall not be responsible for losses and/or damages incurred to a member concerning the Service without KITA’s willful misconduct or gross negligence.
Article 18 (Others)
- All schedules and attachments to these Terms and Conditions shall be deemed to be an integral part of these Terms and Conditions.
- Matters not covered by these Terms and Conditions and disputes over interpretation of a clause in these Terms and Conditions shall be settled amicably through mutual consultation between KITA and members.