Terms of Service

Chapter 1 General Provisions

Article 1 (Purpose)

The purpose of these Terms and Conditions is to stipulate the necessary rights, obligations, and responsibilities, as well as the conditions and procedures for service use, between Komachine Inc. (hereinafter referred to as the 'Company') and the Service User (hereinafter referred to as the 'User') concerning the use of the platform services provided on the online website KOMACHINE (hereinafter referred to as the 'Platform') operated by the Company.

Article 2 (Definitions)

  1. The definitions of the terms used in these Terms and Conditions are as follows:

    • 'KOMACHINE' means the online website platform operated by the Company.
    • 'User' means a person who accesses the Platform and continuously uses the services provided in accordance with these Terms and Conditions. Users are divided into 'Manufacturers' and 'Agencies' based on their type.
    • 'Manufacturer' means a manufacturer or company whose expertise is focused on product production and design.
    • 'Agency' means an industrial agency or operator whose focus is on logistics sales, distribution, and inventory management, acting as an intermediary seller between the customer and the Manufacturer.
    • The Company defines all business-related services provided through the Platform as the 'KOMACHINE Service'.
    • The definitions of terms not defined in the preceding paragraphs shall be governed by relevant laws and general commercial practices.

Article 3 (Rules Outside the Terms and Conditions)

  1. Matters not specified in these Terms and Conditions shall be governed by the provisions of laws, individual terms of service determined by the Company, operating policies, and rules.
  2. The Company may individually enter into a contract (hereinafter referred to as the "Individual Contract") with a specific User with content different from that stipulated in these Terms and Conditions and operating policies. In this case, the Individual Contract shall take precedence over these Terms and Conditions and the Operating Policy.

Article 4 (Disclosure and Amendment of the Terms and Conditions)

  1. The Company shall post the content of these Terms and Conditions on the Platform so that the User can easily be aware of them.
  2. The Company may amend these Terms and Conditions within the scope that does not violate relevant laws.
  3. When the Company amends these Terms and Conditions, the amendment shall become effective upon public announcement or notification to the User.

Article 5 (Notification to the User)

  1. When the Company provides notice to the User, it may be sent to the email address provided during the service application.
  2. When the Company provides notice to an unspecified number of Users, it may be announced through the notice board or a connected screen within the Platform for a period of 7 days or more. However, matters that have a significant impact on the User's own transactions shall be individually notified using the means specified in Paragraph 1.
  3. The User must provide the Company with information (such as email address and (mobile) phone number) through which contact can actually be made, keep such information up-to-date, and confirm the Company's notifications. The Company shall not be liable for damages resulting from the User's failure to know information due to the inaccuracy of the User's information.

Chapter 2 KOMACHINE Service

Article 6 (Establishment of Service Use Contract)

  1. Any person intending to use the service establishes a contract by entering into a service use contract with the Company.
  2. Upon completion of the User contract, the User may use the individual services of the KOMACHINE Service provided by the Company in accordance with the procedures and standards set by the Company. However, the Company may require the User to agree to separate terms, pay fees for paid services, provide additional information, or complete certification and screening procedures set by the Company, if necessary for the use of the respective services.

Article 7 (Application and Acceptance of Use Contract)

  1. The service applicant may apply for a use contract by submitting an application form through the Platform's inquiry channel.

  2. The Company, in principle, accepts the User's service use contract unless there are special circumstances. However, the Company may not accept the service use contract if any of the following reasons exist, and even after the contract is executed, if any of the following reasons are confirmed, the Company may immediately terminate the service use by notifying the User of the termination reason:

    • The User has previously lost their User qualification due to violation of these Terms and Conditions or the Operating Policy, or re-applies while their use is restricted.
    • The User uses a name other than their real name or uses another person's name (or business entity).
    • The User provides false or incorrect information, or fails to provide the matters requested by the Company.
    • Acceptance is impossible due to reasons attributable to the User, or the application violates the general matters stipulated in these Terms and Conditions and the Operating Policy.
  3. The Company may check and verify the matters presented by the User pursuant to Paragraph 1 of this Article, and may request additional materials, such as personal verification or submission of supporting documents, from the User if necessary.

Article 8 (Content of KOMACHINE Business)

  1. The Company provides the following services as the KOMACHINE Service to the User:

    • Registration Service: Refers to the individual business homepage service created after a User who has agreed to use the Platform completes information registration according to the provided procedures and forms. The completed 'Biz Home' is exposed through search within the Platform and on various portal sites, supporting access by multiple information seekers to the User.
    • Global Trade Support: A service where the Company acts on behalf of domestic trade matters at the request of overseas customers who have accessed the Platform. This is a service where the Company connects domestic manufacturers based on a buyer's purchase request, or assists with export tasks on behalf of a domestic manufacturer if they are unable to handle the export process themselves, rather than acting as the Manufacturer's export agent.
    • Marketing Service: An online advertising service conducted through the Platform, specifically targeting the machinery industry. Advertising is executed within the Platform using items such as banner advertisements and dedicated page creation, considering the advertiser's budget, execution period, and advertising purpose.
    • Other supplementary services provided by the Company.
  2. Specific details of the services provided on the Platform can be further confirmed through the Service Introduction document.

Article 9 (Provision and Change of Service)

  1. The service provided by the Platform is, in principle, provided 24 hours a day, 365 days a year. However, the provision of all or part of the service may be temporarily suspended in cases where there are special circumstances such as system maintenance checks or replacement of communication equipment.
  2. The Company may restrict or suspend all or part of the service if an unavoidable reason occurs, such as a state of war, major national emergency, natural disaster, or a comparable situation, or if a key telecommunications business operator suspends telecommunication services under the Telecommunications Business Act.
  3. When the Company suspends or restricts the use of the service, it shall notify the User of the reason, period, and scheduled time of recovery without undue delay.
  4. Due to reasons such as the Company's operating policy, all or part of the Platform service may be restricted or suspended, and pricing policies may be changed for free or paid services
  5. The Company shall not be liable for damages incurred by the User due to service interruption under this Article, unless the Company is proven to have acted with intent or negligence.

Chapter 3 Rights and Obligations of Contracting Parties

Article 10 (Obligations of the Company)

  1. The Company shall comply with relevant laws and these Terms and Conditions and make utmost efforts to continuously and stably provide the Platform Service.
  2. The Company shall maintain a security system to protect Personal Information (including credit information) so that the User can safely use the Platform Service, and shall disclose and comply with the Personal Information Processing Policy.
  3. The Company shall strive to provide convenience to the parties regarding contract-related procedures and content, such as the conclusion, modification, and termination of the use contract.
  4. The Company strives to operate transparent services in accordance with these Terms and Conditions, but shall not be liable for disputes related to information posted by the User on the Platform, as stipulated in the Disclaimer.

Article 11 (Obligations of the User)

  1. The User must comply with relevant laws, these Terms and Conditions, the Service Introduction, User Guide, and matters announced or notified by the Company, and shall not engage in other acts that interfere with the Company's business.

  2. The User shall not, under any circumstances, engage in the following acts:

    • Using or accessing the Platform system in a manner not provided or authorized by the Company, or by abnormal means.
    • Producing, distributing, installing, or inducing the use of means such as agents, robots, scripts, spiders, or spyware.
    • Reproducing, dismantling, imitating, or otherwise modifying the Platform through reverse engineering, decompiling, disassembling, or any other processing act.
    • Stating false facts when creating Biz Home information, or unauthorized collection or fraudulent use of other Users' information.
    • Intentionally or potentially interfering with the normal operation of the Platform, or transmitting commercial advertising information without the explicit consent of the recipient.
    • Registering or creating advertisements/programs that infringe copyright, contain obscene or violent material, damage the reputation of others, or otherwise violate public order and morals.
    • Other acts that interfere with the Company's business by illegal or unjust means.
    • Engaging in prohibited acts specified in the Operating Policy or interfering with the normal operation of the Platform.
  3. The Company shall not be liable for problems arising from the User's negligence in management, such as errors or omissions in the information created by the User on the Registration Service.
  4. The User must faithfully respond to consultations or inquiries from new customers visiting through the Platform, and must treat them without discrimination compared to the User's existing customers.

Article 12 (User's Duty to Notify)

  1. If any of the following reasons occur, the User shall change the content through the Registration Service without undue delay, and must notify the Company of important changes such as contract modifications:

    • When matters specified in the business registration certificate, such as address, trade name, or representative, are changed.
    • When there are changes to bank accounts, etc..
    • When a sole proprietorship is changed to a corporation or vice versa.
    • When there are changes to contact phone numbers, mobile phone numbers, email addresses, etc..
    • When the User's key information, such as handled products, is changed.
    • When business is interrupted due to temporary or permanent closure.
  2. The User shall be responsible for all problems arising from negligence or omission of the duty under this Article.

Article 13 (Attribution of Rights and Use of Works)

  1. The Company may expose the information provided by the User on the Platform, and may also expose it in related promotions. The Company may partially modify, reproduce, and edit the information to the extent necessary for such exposure.
  2. The User agrees to grant the Company the necessary rights, including the right to create derivative works, for this purpose. The Company complies with the provisions of the Copyright Act, and the User may request the Company to delete or make private any content that violates the Copyright Act at any time.
  3. The Company's provision of the Platform to the User grants the right to use the KOMACHINE Service in the manner permitted by the Company under the purpose set forth in these Terms and Conditions, and the User does not retain the copyright regarding the Platform. The User may not dispose of (including transfer, sale, provision of collateral, etc.) the right to use the KOMACHINE Service granted by the Company and related rights to a third party.
  4. The User shall not use information with intellectual property rights belonging to the Company for commercial purposes, or allow a third party to use it, through reproduction, transmission, publication, distribution, broadcasting, or other methods without prior consent.

  5. Notwithstanding the provisions of the preceding paragraph, the Company may use the copyrighted work registered by the Company free of charge within the scope consistent with the Copyright Act and fair trade practices for the purpose of service operation, exhibition, transmission, distribution, and promotion without separate permission, as follows:

    • Use for the creation of derivative works or edited works within the scope that does not infringe copyright, such as reproduction, modification, exhibition, transmission, and distribution of the 'Content' created by the Company within the services provided by the Company. However, if the User requests the deletion or suspension of use of the relevant 'Content,' the Company shall delete or suspend the use of the relevant 'Content,' excluding matters that must be preserved under relevant laws.
    • Use within the scope for service operation, promotion, service improvement, and development of new services.
    • Use such as providing or exhibiting 'Content' for promotional purposes through media, telecommunication companies, etc..
  6. Copyright and other intellectual property rights in the works created by the Company shall belong to the Company.
  7. The Company shall not be liable if the User posts copyrighted material from other sites on the Platform.

Chapter 4 Payment of Service Fees

Article 14 (Consideration for Service Use)

  1. The service fee for using the KOMACHINE Service must be calculated and paid according to the procedures based on the billing method set by the Company, and payment must not be delayed. Specific matters such as the billing method, fee calculation, and payment procedure shall follow the Service Introduction document.
  2. Basic information registration through the Registration Service of the KOMACHINE Service is provided free of charge, but other additional services can be used upon payment of additional costs according to the item. Detailed service fees shall follow the Use Contract.
  3. The Company shall issue documents (Tax Invoice, Statement, Invoice, etc.) for the service fee, billing, or receipt to the User.
  4. The User must pay the fee imposed for service use in advance. If the Company incurs damage due to non-payment of the fee without special reason, the User shall compensate the Company for the full amount of the damage, unless the damage is due to the Company's intent or gross negligence.

Chapter 5 Suspension and Restriction of Use, etc.

Article 15 (Suspension of Use)

  1. The Company may suspend the use of the service if any of the following reasons occur, as determined by the operating policy:

    • Posting false or exaggerated information.
    • Posting inappropriate information, such as violating relevant laws.
    • Receiving a disposition such as cancellation or suspension of business or license by a supervisory authority.
    • When an application for bankruptcy, composition, or corporate reorganization procedure is filed or when the User files such an application themselves.
    • When issued bills or checks are dishonoured or transactions with the bank are suspended.
    • When contact with the User is lost.
    • When the quality of the Platform is degraded or there is a risk of degradation.
    • When engaging in activities contrary to the purpose of the Platform.
  2. The User shall be responsible for the damages arising from the suspension of service use in accordance with these Terms and Conditions.

Article 16 (Termination of Contract by the User)

  1. If the User terminates the use of the KOMACHINE Service, they must convey their intention to the Company 30 days before the contract expiration, and the service use shall be processed as suspended simultaneously with the service end date.
  2. Upon completion of the User's contract termination, the Company shall immediately delete the User's information, unless there is a case where the information must be continuously preserved according to relevant laws. However, matters related to the deletion of data, such as posts registered by the User for the use of the Registration Service, shall be governed by the Operating Policy.

Article 17 (Damages, etc.)

  1. The Company does not make any specific promises or warranties regarding any detailed matters not explicitly stated in these Terms and Conditions in connection with the KOMACHINE Service, to the extent permitted by relevant laws.

  2. The Company shall compensate the User for damages incurred by the User due to the Company's intent or negligence in connection with the use of the KOMACHINE Service, in accordance with these Terms and Conditions and relevant laws. However, the Company shall not be liable for the following damages that occurred without the Company's negligence. Furthermore, the Company shall not be liable for indirect damages, special damages, consequential damages, disciplinary damages, or punitive damages, to the extent permitted by law.

    • Damages caused by a natural disaster or force majeure event comparable thereto.
    • Service access failure due to reasons attributable to the User.
    • Personal damages occurring during the use of the Registration Service.
    • Damages caused by a third party illegally accessing or using the Company's server.
    • Damages caused by a third party interfering with the transmission to or from the Company's server.
    • Damages caused by the omission, loss, or destruction of transmitted data, or damages such as defamation caused by a third party during the use of the service.
    • Other damages caused by reasons not attributable to the Company's intent or negligence.

Article 18 (Limitation of Liability)

  1. The Company shall not be liable for the credibility, accuracy, or legality of the company information, advertisements, or services created by the User for the Registration Service.
  2. The Company shall not be liable in connection with the use of services provided to the User free of charge, unless there are special provisions in relevant laws.

Article 19 (Dispute Resolution)

  1. Lawsuits filed between the Company and the User shall be governed by the laws of the Republic of Korea.
  2. Lawsuits concerning disputes arising between the Company and the User shall be filed with the competent court in accordance with the Civil Procedure Act, and the laws of the Republic of Korea shall apply as the governing law.

[Addendum]

  1. These Terms and Conditions shall enter into effect on May 9, 2024.