Agreements & Terms
The SmartLink Legal Terms and Conditions ("Terms") set forth below shall be effective from [*** 00, 2016] and the previous Terms shall be replaced to the Terms set forth below. ( View previous Terms and Conditions )
Table of Contents
8. Intellectual Property Rights
12. Term and Termination of Service Contract
19. Governing Law and Jurisdiction
1. Purpose
CyberLogitec Co., Ltd. ("CLT") operates the SmartLink website ("Portal") and provides the customs network service and shipping-related service ("Service") through the Portal. The purpose of the Terms is to set out the rights and obligations of CLT and the client using the Portal and Service ("Client"). CLT and Client are each referred to in the Terms as a "Party" and collectively as the "Parties".
2. Service Contract
2.1. In order to use the Portal and Service, Client shall conclude a separate contract ("Service Contract") with CLT conditioned upon the full consent to the Terms. In this case, the Terms shall constitute an important part of such Service Contract.
2.2. Notwithstanding anything to the contrary herein, the Parties may conclude the Service Contract with any terms and conditions different from the Terms. In this case, except as otherwise expressly agreed in such Service Contract, any other provisions of the Terms shall be in full force and effect.
2.3. Notwithstanding anything to the contrary herein, Client may conclude the Service Contract with a third party service provider of CLT ("Service Provider"). In such case, the provisions of Service Contract between Client and Service Provider shall only be applied without regard to adopting the Terms and CLT shall not be liable for any damages incurred by Client.
2.4. CLT may, at its sole discretion, modify and/or update the Terms from time to time. In the event CLT post the modified and/or updated Terms on the Portal, any Client's continued use of the Portal and Service shall constitute the consent to such modified and/or updated Terms.
3. Service
3.1. CLT provides Client with the Service as follows:
3.1.1. Customs network service
(a) U.S.A. ACE
(b) Canada ACI
(c) Japan AFR
(d) Korea KAMS
(e) Europe ICS / ECS
3.1.2. Shipping-related service
3.1.3. Provision of necessary and/or useful information
3.2. CLT, at its reasonable discretion, may modify a part or the entire Service provided when operationally or technologically required.
3.3. CLT may temporarily suspend the Service in the event of maintenance, replacement or failure of related system and/or facility, loss of communication or for any reasons associated with the operation.
3.4. In the event of change of Service under clause 3.2 hereinabove or temporary Service suspension under clause 3.3 hereinabove, CLT shall provide prior notification of such to the Client or place an announcement. Provided however, if such prior notification cannot be made under compelling circumstances, such notification or announcement can be made after the event.
4. Fees and Payment
The service fees and payment conditions shall follow the terms and conditions set out in the Service Contract.
5. Client's Obligation
5.1. Client shall not engage in any of the following acts in using the Portal and Service:
5.1.1. Submission, registration and/or transmission of fraud or any other information without permission
5.1.2. Allowing any third party to use Portal and/or Service
5.1.3. Pirating information of a third party
5.1.4. Modifying information posted by CLT
5.1.5. Infringing upon intellectual property rights of CLT and/or a third party
5.1.6. Interfere with the business of CLT and/or a third party
5.1.7. Any other illegal activities
5.2. Client shall immediately notify CLT if there is any change in the information that Client provided to CLT.
5.3. Client shall obey all applicable laws, the terms and conditions of the Service Contract and any other notifications and announcements provided by CLT
6. Privacy Protection
CLT makes the best effort to protect any personal information and privacy of Client in accordance with applicable law. CLT may collect and use such information in accordance with its privacy policy. CLT's privacy policy is posted separately on the Portal.
7. Confidentiality
7.1. A Party may obtain information which is confidential to the other Party ("Confidential Information"). The Parties shall keep such information confidential and shall not disclose it to any third party. Confidential Information means any trade secret or other confidential technical, business, financial or other proprietary information of the Parties regardless of being marked as confidential.
7.2. Confidential Information shall, however, exclude information that:
7.2.1. is, or becomes, publicly known, otherwise than through an act or omission of an act of the other Party
7.2.2. is duly in the possession of a Party hereto prior to the receipt from the other Party and is not obtained, directly or indirectly, from the disclosing Party;
7.2.3. is furnished to the other Party legitimately by a third party which has no restrictions similar to those herein on disclosure; or
7.2.4. is independently developed by the other Party hereto.
7.3. The Parties hereto shall continue to keep Confidential Information of the other Party in confidence after the expiry date or termination date of the Service Contract. The Parties hereto shall not use Confidential Information of the other Party for any other purpose than the performance of the Service Contract except where required by applicable law, court order or governmental order and take all reasonable measures to prevent disclosure or distribution of Confidential Information in a way of breaching any terms and conditions of the Service Contract.
8. Intellectual Property Rights
8.1. Client shall have the right to use the Portal and Service in accordance with the terms and conditions of the Service Contract, and shall not infringe upon the intellectual property rights of CLT as described in clause 8.2.
8.2. Client acknowledges and agrees that CLT owns and retains any right, title and interest in and to the software applications on the Portal and the related server (including without limitation the instructions, routines, subroutines, designs or logic flow contained therein) and all copies thereof, including without limitation all modifications, enhancements, upgrades, derivatives and new versions thereof, all patent rights, copyrights and trade secret rights embodying any of the foregoing, and all know-how, concepts, inventions and ideas related to the foregoing.
8.3. Client acknowledges and agrees that a breach of this clause 8 would cause irreparable harm to CLT, and accordingly, CLT shall, in addition to any other remedies to which it may be legally entitled, have the right to seek immediate injunctive relief in a court of competent jurisdiction in the event of a breach of this clause 8.
9. Disclaimer
9.1. CLT provides the Service "As Is".
9.2. Client acknowledges and agrees that CLT shall have not any liability for breach of the Service Contract nor any other liability in tort or in contract in any of the following:
9.2.1. Difficulties with the use of the Portal and Service for reasons associated with Client
9.2.2. The credibility and accuracy of the information submitted, registered and transmitted by Client in relation to the Portal and Service
9.2.3. Real-time transaction by Client with a third party using the Portal and Service
9.2.4. Difficulties with the use of the Portal and Service due to Force Majeure event as stated in clause 14 and/or any event similar to such standard
10. Limitation of Liability
10.1. Neither Party shall be liable for any indirect, incidental, special, punitive or consequential damages, or any loss of profits, revenue, data, or data use.
10.2. CLT's aggregate liability for any damages arising out of or related to the Service Contract during a one-year period, whether in contract or tort, or otherwise, shall not exceed the amount equivalent to the average monthly fee for the latest three (3) months under the Service Contract.
11. Indemnification
11.1. CLT shall, at its expense, defend against and pay any final judgment against Client arising out of any claim that the Portal and Service infringe intellectual property rights of any third party, provided that Client shall notify CLT in writing of such claim no later than ten (10) calendar days after Client receives a notice of a claim (or sooner if required by applicable law) and CLT shall have the sole control of the defense and settlement of such claim.
11.2. In case of defending against a claim pursuant to clause 11.1, CLT may, at its discretion, (a) consent, (b) settle, (c) procure for Client the right to continue using the Portal and Service, and/or (d) modify or replace the Portal and Service so that those no longer infringe.
12. Term and Termination of Service Contract
12.1. The term of the Service Contract shall commence on the effective date set out in each Service Contract and continue in effect until terminated in accordance with clause 12.2.
12.2. Termination
12.2.1. If a Party believes that the other Party has failed to perform an obligation, where the failure of which defeats the essential purpose of the Service Contract ("Material Breach"), then non-breaching Party may provide a written notice directed to the breaching Party describing the alleged Material Breach in reasonable detail and containing a reference to this Section 12.2.1. If the breaching Party does not, within thirty (30) calendar days after receiving such written notice, either (a) cure the Material Breach or (b) if the Material Breach is not one that can reasonably be cured within thirty (30) calendar days develop a plan to cure the Material Breach and diligently proceed according to the plan until the Material Breach has been cured, then non-breaching Party may terminate the Service Contract with a written notice of termination to the breaching Party.
12.2.2. In the event where either Party becomes bankrupt or undergoes the process of rehabilitation or goes under difficult financial situations such as suspension of payment or insolvency, the other Party may terminate the Service Contract with a written notice of termination to such Party.
12.2.3. Either Party may terminate the Service Contract upon ninety (90) days prior written notice to the other Party.
12.2.4. The termination of the Service Contract pursuant to clause 12.2 shall not affect any claim for damages arising out of or related to the Service Contract.
12.3. Survival
Any provision of the Service Contract that imposes or contemplates continuing obligations on a Party after termination or expiration of the Service Contract shall survive the expiration or termination of the Service Contract.
13. Assignment
The Service Contract is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns. Neither Party shall assign any of its rights or obligations under the Service Contract to any third party without prior written consent of the other Party.
14. Force Majeure
Neither Party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; pandemic; electrical, internet, or telecommunication outage that is not caused by the obligated Party; government restrictions; other event outside the reasonable control of the obligated Party. The Parties shall do reasonable efforts to mitigate the effect of a force majeure event. This Section does not excuse either Party's obligation to take reasonable steps to follow its normal disaster recovery procedures or Client's obligation to pay for the services provided by CLT as provided in the Service Contract.
15. Entire Agreement
The Service Contract and all documents attached thereto constitute the entire agreement between the Parties, and supersede all prior or contemporary agreements and/or understandings between the Parties (whether written or oral), and all other agreements and/or understandings relating to the subject matter of the Service Contract. The Service Contract shall be modified or amended solely by a written agreement signed by the Parties. Any notice required under the Service Contract shall be provided to the other Party in writing.
16. Severability
In the event that any provision of the Service Contract or the application thereof shall be declared void, illegal or unenforceable, the remainder of the Service Contract shall be valid and enforceable to the extent permitted by applicable law.
17. Notice
Unless stated otherwise in the Terms, CLT shall give notice using the contact information in the registration of the Client. Provided however, for any general notice provided to all Client, CLT may post an announcement on the Portal, instead.
18. Contact Information
Any contact information of CLT is posted separately on the Portal.
19. Governing Law and Jurisdiction
19.1. Governing Law
The Service Contract and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of the Republic of Korea.
19.2. Jurisdiction
CLT and Client acknowledge and agree that Seoul Central District Court in the Republic of Korea shall have the exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Service Contract or its subject matter.
Privacy Policy
Effective date: [2019.12.10]
This Privacy Policy explains how CyberLogitec Co., Ltd. and its affiliates or subsidiaries ("CLT", "We", "Our", "Us") use and protect any information that you provide to us when you use this website (the "Website") or our services (the “Service”).
Please read this Privacy Policy carefully and feel free to contact us using the contact information below if you have any questions.
Information we collect about you
When you download our white papers, fill in the “Contact Us Form”, sign up to our newsletters or create an account with CyberLogitec, we may collect the following kinds of information:
| Category | Details |
|---|---|
| Compulsory |
|
How we use your information
We may use the information we collect from you in the following ways:
| Category | Details |
|---|---|
| Improving |
|
| Notice |
|
| Research |
|
Sharing information with third parties
We will not disclose your information to third parties for their own independent marketing or business purposes without your consent. However, we may disclose your information to the following entities:
Details are as follows:
| Name of Company | Location | Purpose of Sharing Information |
|---|---|---|
| - None | - None | - None |
International transfer of information
As stated above, your use of our Website and Service will involve the transfer, storage, and processing of your personal information outside your country. Please note that the information protection laws and other applicable laws of countries outside the European Economic Area, to which your information may be transferred, might not be as comprehensive as those in your country. We will take appropriate measures, in compliance with applicable law, to ensure that your personal information remains protected.
Data Retention
We will keep your personal information for a reasonable period of time that enables us to communicate with you, provide you with any services you request, maintain business records for audit purposes, meet recordkeeping requirements under the law, defend or bring any legal claims and deal with any queries or complaints you may have. Details are as follows:
Your choices
We offer a variety of choices about how we use your information. You can make choices about whether to receive promotional communications from us by following the unsubscribe instructions included in the communication. In addition, you can also make choices by changing your settings for specific Services or when we give you a just-in-time notice, or by visiting relevant webpages.
Keeping your information secure
We have put in place reasonable physical and technical measures to safeguard the information we collect in connection with the Services. However, please note that although we take reasonable steps to protect your information, no website, internet transmission, computer system or wireless connection is completely secure.
Links to other websites
Our Website may contain links to third party websites. We do not have any control over third party websites, and such websites are not governed by this Privacy Policy. We will not be responsible for the protection of any information which you provide while visiting third party websites. You should exercise caution when accessing third party websites, and review the privacy statements applicable to any third-party websites and services you use.
If you are an individual resident in the EU
Our legal grounds for processing your personal information are that the processing is:
If you do not provide certain information to us, we may, in some circumstances, be unable to comply with our obligations or provide you with the services that you request. We will tell you about the implications of not providing certain information.
You are entitled, in accordance with applicable law, to object to or request restriction of processing of your personal data, and to request access to, rectification, erasure and portability of their own personal data. Where we are using your information on the basis of your consent, you have the right to withdraw this consent at any time. Requests should be submitted in writing to the address listed below in the “Contact Information” section. You also have the right to lodge a complaint with your data protection authority.
Some of these recipients of the information we collect are located outside of the European Union, including in countries that may not provide the same level of data protection. We take appropriate steps to ensure that such personnel and third-party vendors are bound to duties of confidentiality and we implement measures such as Standard Contractual Clauses approved by the European Commission to ensure that any transferred personal data, remains protected and secure. A copy of these clauses can be obtained by contacting us at the address listed below in the “Contact Information” section.
Contact Information
If you have any questions about this Privacy Policy, please contact us at the details below.
Changes to this Privacy Policy
We may update this Privacy Policy from time to time. When we update the Privacy Policy, we will revise the “Effective Date” date above and post the new Privacy Policy. We recommend that you review the Privacy Policy each time you visit the Website to stay informed of our privacy practices.
