v1.1 - Effective From August 21, 2017
Chapter 1 General Provisions
Article 1 (Purpose)
The purpose of these General Terms and Conditions is to specify the rights, obligations, and duties of Samsung SDS Co., Ltd. (hereinafter referred to as the “Company”) and users (“Users”) wherein Users use the internet services provided by the CelloLogistics website (hereinafter referred to as the “Services”).
Article 2 (Effectiveness and Modification of General Terms and Conditions)
1. By accessing and using the CelloLogistics Services, Users accept and agree to be bound by the terms and provision of these General Terms and Conditions.
2. Where there is a significant reason under the circumstances, the Company may change the content of these General Terms and Conditions without prior notice, and the change(s) of these General Terms and Conditions shall be publicly announced through the Services seven (7) days before the change(s).
Article 3 (Applicable Rules Other Than These General Terms and Conditions)
Any matter not specified in these General Terms and Conditions shall follow the Telecommunications Basic Act, the Telecommunications Business Act, Promotion of Information and Communications Network Utilization and Information Protection Act, and the provisions of any other relevant laws.
1. Any disputes arising between the Company and Users shall be governed by the laws of the Republic of Korea.
2. Overseas Users shall be deemed to accept and agree with the application of the laws of Korea by using this website.
Chapter 2 Service Agreement
Article 4 (No Agency)
The Company will be only responsible for the operation and management of a system for the efficiency of the Services and will not act as an agent of any Users regarding commercial and non-commercial transactions the Users may enter into based on information provided by the Users. The Users concerned shall take the sole direct responsibility for any transaction(s) entered into between the Users and information provided and registered by the Users.
Article 5 (No Guarantee)
In relation to the transactions between Users through the system provided by the Company, the Company will not guarantee the existence and genuineness of the intent to sell or buy, the quality, completeness, safety, and legality of the registered items, non-infringement of third party rights, or the truthfulness or legality of the information entered by any User, or data posted on the URL linked to the information entered by any User. The Users concerned shall solely take any and all risks and responsibilities relating thereto.
Article 6 (Application for Membership)
A person interested in subscribing to the membership and using the Services shall file an application by providing personal information requested in the form application for membership as provided by the Company.
Article 7 (Acceptance of Application for Membership)
A person interested in subscribing to the membership and using the Services shall file application for use by providing personal information requested according to the form of application prescribed by the Company.
1. With regards to the applications for membership specified in Article 6, the Company shall handle these applications on a first-come, first-served basis unless there are special circumstances.
2. In each of the following cases, the Company may restrict approval for applications of Membership, and may reserve its acceptance until a relevant cause is resolved:
a) Where the Company does not have sufficient service related facilities;
b) Where the Company has technical difficulties; or
c) Where the Company finds it necessary due to Company's internal circumstances.
3. Where the Company comes to know each of the following matters, it may not approve applications for Membership:
a) Where a User has not filed an application for use with his or her legal name;
b) Where a User has filed an application for use by using another person’s name;
c) Where a User has filed an application for use by falsely entering required matters at the time of application for use;
d) Where a User has filed an application for use for the purpose of undermining social stability and order or public morals;
e) Where the provided Name and E-mail address of the applicant matches the information of a Member already registered;
g) Where a User has not met any other requirements for applications for Membership specified by the Company.
4. Where the Company has reserved its approval of or does not approve the applications for Membership under Section 2 or 3, it shall notify applicants for use thereof; provided, however, that an exception shall be made where the Company is unable to notify applicants for use without the Company’s fault.
Article 8 (Scope of Use of Services)
1. Users who are non-Members may use only the basic Services on the CelloLogistics website, including checking out Cello BPO/Cello Square/Cello Plus services, news archives and events and using square services (schedule, risk monitoring, one stop tracking), etc.
2. Users who are Members may use additional Services provided by the CelloLogistics website, including checking out and downloading Cello newsletters and using Express service (after registering as a member of Express service), etc.
Article 9 (Copyrights to Postings)
The rights to the materials posted in the Services shall be as described in each of the following paragraphs:
1. The party placing postings shall have the rights and responsibilities for the postings. The Company shall not use the postings for profitable purposes other than the purpose of placing postings within the Services without consent of the posting party; provided, however, that exceptions shall be made for nonprofit purposes, and the Company shall have the right to place postings within the Services.
2. Users shall not commercially use the materials posted on the Service, including processing, selling the information acquired while using the Services.
Article 10 (Responsibility for Use of Services)
Users shall not engage in any business activity of selling goods in using the Services except in cases where there is an explicit permission written on a document signed by the Company’s authorized employee. In particular, Users shall not engage in hacking, moneymaking advertisements, commercial activities through obscene sites, etc., illegal distribution of commercial software. The Company shall not take any responsibility for the consequences and loses of business activities resulting from violations thereof or the legal measures of imprisonment by relevant authorities.
Article 11 (Suspension of Provision of Services, etc.)
1. In each of the following cases, the Company may suspend the Services:
a) Where the suspension is unavoidable for maintenance and repair of service equipment;
b) Where one of the key telecommunications business operators prescribed by the Telecommunication Business Act has suspended telecommunications services; or
c) Where there is any other reason beyond company`s control.
2. Where it is difficult to normally use the Services due to national emergencies, power failures or blackouts, malfunctions of service equipment, or excessive uses, etc., the Company may restrict or suspend the Services in whole or in part.
3. When the Company restricts or suspends the Services under the provisions of Section 1 or 2, it shall without delay notify the User of the reasons and the period of restriction, etc.
Chapter 3 Compensation and others
Article 12 (Compensation for Damages)
The Company shall not be responsible for damages incurred to Users with respect to the use of the Services free of charge, except for cases when the damages are caused by the Company’s intentional negligence.
Article 13 (Disclaimer)
1. The Company only provides a transaction system that is based on the CelloLogistics platform. Parties to a transaction shall be responsible in the event of any disputes arising in connection with any transaction using the CelloLogistics transaction system.
2. Where the Company is unable to provide the Services due to natural disasters or any other equivalent force majeure events, it shall be relieved of its responsibility for providing the Services.
3. The Company shall not assume responsibilities for malfunctions in the use of the Services due to reasons attributable to Users.
4. The Company shall not be responsible for a User’s lost profits expected of using the Services and for damages resulting from materials acquired through the Services.
5. The Company shall not be responsible for the reliability and accuracy of the information, materials or facts posted by the Company or Users on the Services.
Article 14 (Competent Court of Jurisdiction)
Any dispute or lawsuit arising from or out of the use of the Services shall be submitted to the exclusive competent court having jurisdiction over the place where the head office of the Company is located.
Effective date: August 21, 2017