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Article 1 (Purpose and scope)
  • ① These Terms of Use set out under the Telecommunication Business Act and the Implementation Decree of said Act concerning how and under what conditions the web-based
         information source (‘kaida.co.kr’) offered by the Korea Automobile Importers & Distributors Association (‘Association’) should be used.
  • ② These Terms of Use shall apply to every kaida.co.kr (http://www.kaida.co.kr) user whether a member of the Association or not.

Article 2 (Effect and notice of amendment)
  • ① These Terms of Use shall take effect upon publication on the kaida.co.kr website.
  • ② Any amendments to these Terms of Use shall be deemed duly publicly notified when published on the kaida.co.kr website.
  • ③ Amended terms of use shall be applicable retroactively to those who become members before the amendment takes effect.

Article 3 (Application of Terms)
  • The applicable laws or regulations shall apply to matters not covered by these Terms of Use if any relevant provisions are contained therein.

Article 4 (Definitions)
  • For the purpose of these Terms of Use, the terms below shall be interpreted as follows:
  • ① ‘User’ means an individual who has entered into an agreement with the Association for the use of kaida.co.kr and been assigned a username.
  • ② ‘Username’ means the combination of letters and numbers used for user identification and access to the kaida.co.kr website. Usernames requires the Association's approval.
  • ③ ‘Imported Car Related Data’ means the data contained in the database within the kaida.co.kr website, available free or for a fee depending on the Association's policy.
  • ④ ‘Password’ means the combination of letters and numbers selected by the User and used for user authentication and the protection of the user’s confidentiality.
  • ⑤ ‘Fee Payer’ means a User responsible for fulfilling all obligations under the Terms of Use, including payment of fees. A non-User individual may be a Fee Payer with consent of
        the Association, provided that the User is not relieved from any liability arising out of such non-User individual's default.
  • ⑥ ‘Fee’ means an amount of money payable under a schedule set up by the Association in exchange for use of Imported Car Related Data.
  • ⑦ ‘User Guide’ means a web page wherein information for Users regarding the kaida.co.kr website is disclosed, including Terms of Use, fees and the Association's administration
        policy.
  • ⑧ ‘Termination’ means a User's termination of their agreement to the use of the service available on the kaida.co.kr website.
  • ⑨ ‘Group Subscription’ means a type of subscription that allows a User to be assigned multiple usernames under a separate usage agreement with the Association.

Article 5 (Constitution and party)
  • ① A usage agreement is constituted when a User submits a usage application and the Association accepts such.
  • ② A usage application shall be constituted for each username unless a separate agreement is applicable for exceptional instances, including, but not limited to, Group Subscription.

Article 6 (Use application)
  • ① Usage application is deemed to have been made either when the application form as defined by the Association is completed and physically submitted to the Association or when,
        on the kaida.co.kr website, the Terms of Use is agreed to, and the information required in the application form is fully provided and transmitted.

Article 7 (Acceptance of application)
  • ① Upon receipt of a usage application from a User under Article 6, the Association shall verify that all information required is fully provided and accept the application.
  • ② The acceptance of a usage application under paragraph is deferred if:
  •     A. There are no adequate facilities available;
  •     B. There are technical problems; or
  •     C. The Association finds such deference to be necessary,
  •     until such time as the cause of the deference has been removed.
  • ③ No usage application shall be accepted by the Association if the application:
  •     A. Has been made under the name of another individual;
  •     B. Contains false or misleading information or is accompanied with false or inauthentic documents;
  •     C. Has been made with the intent to harm social norms or public morals; or
  •     D. Fails to meet any other requirements defined by the Association.
  • ④ The Association shall have the discretion to decide not to issue a specific user number if such decision is deemed necessary for user administration, kaida.co.kr operations or
        any other similar reason, or if such issuance would be deemed not in compliance with social norms.

Article 8 (Username creation and management)
  • ① Approval of a proposed Username may only be made when i) for an individual, an application is submitted under their real name as indicated in the resident register or ii) for a legal
        entity, an application is submitted under its name as indicated in the business register.
  • ② The User possessing a Username shall be solely responsible for preventing the use of said Username and/or associated password without authorization.
  • ③ Any disadvantages arising due to negligent use by the User of, or unauthorized use by a third party of the Username shall be borne solely by the User, unless the Association is
        found to have caused such negligent or authorized use.
  • ④ Any Username assigned to a legal entity for common use by its members shall be managed by dedicated personnel, who shall make reasonable efforts not to permit such
        Username to be disclosed or used without authorization. The Association shall not be held responsible for any disadvantages arising out of such disclosure or use without
        authorization.
  • ⑤ No Username may be shared or assigned. The Association shall have the right to suspend the use of a Username if the Username is shared or assigned without consent of the
        Association.
  •     This paragraph shall not apply when the Association and User possessing the Username agree to separate terms of use.

Article 9 (Access time)
  • ① The kaida.co.kr website shall be accessible 24 hours a day year-round unless the Association decides otherwise for business or technical reasons.
  • ② The website may be inaccessible during a given day or time slot specified by the Association upon prior notice, for such reason as regular maintenance.

Article 10 (Service offerings)
  • ① Data on imported car registration
  •     A. Imported car statistics
  • ② Other imported car information
  •     A. Research data
  •     B. Reports
  •     C. Translated materials
  • ③ Other services directly offered by the Association or a contractor on behalf of the Association
  • ④ The service offerings under this Article shall be determined according to the Association's policies and subject to change without prior notice.

Article 11 (Use of website)
  • The particulars on how to use each service offering under Article 10 shall be as indicated in the User Guide or as published by other means.

Article 12 (Contents change)
  • The Association shall have the right to add, change, or delete any of the content contained in the kaida.co.kr website, and the use of updated content shall be as indicated in the User Guide or as published by other means.

Article 13 (Restricted accessibility)
  • ① The kaida.co.kr website may be inaccessible:
  •     A. When the Association determines that the website requires repair or maintenance work;
  •     B. For one or more specific Users only, if they choose not to use the website for a certain period of time on terms and conditions set by the Association; or
  •     C. If any national common carrier as defined in the Telecommunication Business Act stops offering telecommunication services.
  • ② The Association shall have the right to partly or entirely restrict access to the kaida.co.kr website if normal use of services offered by the website is out of the question for reasons
        including, but not limited to, a state of national emergency, blackout, failure of kaida.co.kr hardware, or excessive traffic to the site.

Article 14 (Responsibilities of the Association)
  • ① The Association shall make certain that the kaida.co.kr website will be accessible to the User from the day specified by the user, unless there is a justifiable reason not to do so.
  • ② The Association shall have an obligation to make the kaida.co.kr website continuously and stably accessible in accordance with these Terms of Use.
  • ③ The Association shall not disclose or make publicly available to a third party any personal information on any User obtained in connection with the operation of the kaida.co.kr
        website without the User's consent. This paragraph shall not apply in instances where a competent government authority requires disclosure under the applicable laws and
        regulations, including, but not limited to, the Telecommunications Business Act.
  • ④ The Association shall not be held responsible for any damages or claims arising out of disclosure or use of any personal information provided by the User by the operator of a
        service that a User subscribes to, including communities.

Article 15 (User Responsibilities)
  • ① Users shall ensure that its Fee Payer will pay the fees as set out in these Terms of Use in exchange for access to the Imported Car Related Data available from the kaida.co.kr
        website.
  • ② Users shall not copy any information obtained by using the kaida.co.kr website without prior consent of the Association for purposes other than their own use or disclose such to a
        third party.
  • ③ Users shall not use the website to send any information of an advertising nature to anyone against their consent, transmit or receive data or place postings of a volume large
        enough to have a significant impact on the stable availability of the service, or do anything that might hamper the normal use of the service offered by the website.
  • ④ Users shall comply with the provisions set out in each of the paragraphs under Article 8.
  • ⑤ In addition to paragraphs 1 through 4 under this Article, Users shall comply with the provisions set out in these Terms of Use and the applicable laws and regulations.

Article 16 (User's posts)
  • The Association shall have the right to delete any postings put up by Users on the kaida.co.kr website if it determines that the posting:
  • ① Slanders another User or a third party or damages the user's or third party's honor;
  • ② Is against social norms or public morals;
  • ③ Is connected with criminal activity as objective evidence demonstrates
  • ④ Violates a third party's proprietary rights including copyrights;
  • ⑤ Has been displayed beyond the time limit specified by the Association;
  • ⑥ Is not in accordance with the purpose of the website's services;
  • ⑦ Slanders the Association without reasonable grounds to damage its honor for the User's specific purpose; or
  • ⑧ Is in violation of the Association's posting management rules or the relevant laws or regulations.

Article 17 (Copyright)
  • Copyright to any posting placed by a User on the kaida.co.kr website shall rest with the User. The Association's rights with regard to said posting shall be limited to placing it on the website. The Association may use a posting placed by a User for non-commercial purposes.
    Chapter 4 Fees

Article 18 (Fee structure)
  • ① Users who access the Imported Car Related Data, among other services available from the kaida.co.kr website, shall pay a fee set by the Association.
  • ② Users who access the Imported Car Related Data shall pay:
  •    Five hundred dollars per year
  •    Said access shall be valid for one year from the month when the usage application is made and the fee is paid in full.

Article 19 (Fee Payer)
  • ① Unless otherwise agreed to by the Association, Fee Payers shall be the Users of Imported Car Related Data.
  • ② Fee Payers under the paragraph above shall be liable to pay, in full with the User, any and all money payable by the User to the Association under these Terms of Use, including
        the fees for Imported Car Related Data.

Article 20 (Payment of fees)
  • ① The Association shall issue an invoice dated the day that the User submits a usage application for Imported Car Related Data, and the User shall have access to such data for one
        year from the day the invoice is paid.
  • ② No access to Imported Car Related Data shall be granted to the User even after the usage application is duly completed and submitted to the Association unless the fee
        hereunder is fully paid.
  • ③ Users shall notify the Association of any changes in their personal information including, but not limited to, address and phone number, for, among other things, correct delivery of
        invoices and smooth voice communications. The Association shall be not held responsible for any disadvantages arising out of the User's failure to make notification of such changes
        under this Article.
  •     Users shall notify the Association of any changes in their personal information including, but not limited to, address and phone number.

Article 21 (Termination)
  • ① Users may choose to terminate access to the Imported Car Related Data by completing and submitting the ‘Termination to Access Imported Car Related Data’ form to the
        Association not later than one day prior to the desired termination date.
  • ② Upon receipt of the form under the foregoing paragraph, the Association shall restrict access by the User to said data, starting from the month immediately following. Users shall
        have an obligation to pay the fee in full for the period up to the month when their access to the data is restricted.
  • ③ The Association shall calculate the fee refundable to the User for the remaining months following the month when the termination notice is received on a pro-rated monthly basis.
  • ④ The Association may terminate the usage agreement and restrict access to the Imported Car Related Data for a certain period of time if the User:
  •     A. Fails to pay the fee for Imported Car Related Data access when it is due;
  •     B. Fails to remedy violations of anything in these Terms of Use even after receiving notification of such violation and, as a result, causes significant damage to the Association; or
  •     C. Is deemed not to qualify as a User by the Association.

Article 22 (Indemnification)
  • ① The Association shall not be held responsible for any failure to make services available from the website due to acts of god or any forces majeure of a similar nature.
  • ② The Association shall not be held accountable to Users for their loss of benefits expected from service offerings by the Association or any disadvantages they may incur arising out
        of their choice or use of data available on the website.
  • ③ The Association shall not be held accountable to Users for failure to access the kaida.co.kr website for any reason attributable to the User.
  • ④ The Association shall not be held responsible for any damages or profits arising out of Users’ use of information obtained through the kaida.co.kr website.
  • ⑤ The Association shall not be held responsible for anything displayed on the website or transmitted from it by Users.
  • ⑥ The Association shall not be held responsible for any transactions between Users and a third party that takes place involving the services available from the website.

Article 23 (Miscellaneous)
  • ① Any and all documents accompanying these Terms of Use, including schedules and appendices, shall be integral parts of the same.
  • ② Any matters not covered by these Terms of Use or any discrepancies in the interpretation of same shall be resolved via negotiation between the Association and the User.
  • ③ Any disputes arising in connection with use of the kaida.co.kr website which fails to be resolved via negotiation shall be referred to the Korean Commercial Arbitration Board.

Addendum
  • ① (Effective date) These Terms of Use shall be effective March 29, 2004.
  • ② (Effective date) These Terms of Use shall be effective March 29, 2006.
  • ③ (Effective date) These Terms of Use shall be effective January 13, 2014.