Article 1 (Purpose) This User Agreement (the “UA”) is intended to set forth rights, obligations, and responsibilities of the user and the Korea National Enterprise for Clinical Trials (the “KoNECT”) and other necessary matters in using services (the “Service”) for combined members provided by the homepage of the KoNECT.
Article 2 (Effect and Modification)
2.1 This UA comes into effect when it is publicly noticed to the users by making public notice by either posting it in the screen of the Service and through other ways and the user consenting to the UA becomes a member of the Service.
2.2 If the KoNECT considers as necessary, this UA may be modified and modified UA will be publicly noticed in the screen of Service and be checked by the User in person.
2.3 If the User does not consent to modified UA, the User may stop the use of Service and cancel his or her member registration. Otherwise, if the User continues to use the Service, the User will be deemed to have consented to the modification of UA and modified UA will come to effect in the same manner as set forth in the foregoing Paragraph 2.2.
2.4 In the User consents to the contents hereof, this UA will apply first to any act providing the Service and User’s use of Service. Any matter which is not set forth herein shall be determined by applicable laws and regulations of Republic of Korea including Framework Act on Telecommunications, the Telecommunication Business Act, the Act on Promotion of Communication Network Use and Information Protection, Deliberation Regulation of Korea Communication Standard Commission, Code of Conduct of Telecommunications, Program Protection Act and customary practices.
Article 3 (Definitions)
3.1 As used herein, the following terms shall have the following meanings:
3.1.1 “User” means member and non-member who receives the Service provided by the KoNECT
3.1.2 “Member” means the person who consents this UA after accessing to the Service, is given ID and Password and goes through verification procedure including characters authentication.
3.1.3 “Non-Member” means the person who uses the Service provided by KoNECT without becoming a member.
3.1.4 “ID” means a combination of English letters and numbers selected by the User and approved by KoNECT for the purpose of members’ identification and service use.
3.1.5 “Password” means a combination of letters and numbers set up by the User for him or herself for the protection of member information.
3.1.6 “Cancellation of Use” means an expression of intent to terminate the use contract after KoNECT or Member uses the Service.
3.2 Except for those defined in the foregoing Paragraph 3.1, the definition of other terms which are used herein shall be determined as prescribed in applicable laws, regulations and service-based guides.
Article 4 (Formation of Use Agreement)User agreement is formed when the User consents to the contents of UA and the KoNECT accepts the application for the use filed by the User.
Article 5 (Application for Use) An application may be filed in a manner that the User records his or her personal information in the form required by KoNECT on the screen of member information of the Service.
Article 6 (Acceptance and Rejection of Use Application)
6.1 Should any User files an use application by correctly entering the matters as set forth in the foregoing Clause 5 hereof, KoNECT accepts a service use application without extraordinary circumstance.
6.2 If the case falls under any of the followings, KoNECT may restrict the use of certain Service until the reason for such restriction on the application of such use is removed:
6.2.1 when the content of application is discovered as false (including borrowed name) or any reason of reasonable doubt thereon occurs; or
6.2.2 when KoNECT considers as necessary
6.3 If the case falls under any of the followings, KoNECT may restrict on a filing of application for use:
6.3.1 when a person files an application for use the Service by using other person’s name ;
6.3.2 when a person falsely enter the content of application for use the Service ;
6.3.3 when a person files an application for use the Service for the purpose of hindrance of public peace and good order or traditional customs; or
6.3.4 when the requirements of application for use the Service as determined by KoNECT is not completely satisfied
Article 7 (Changes in Entry) Member may access, make corrections on his or her information at any time through member information management. Upon changes in the entry in application for use, Member must make correction thereof and be responsible for any problem arising out of not making such correction.
Article 8 (Use of Service)
8.1 KoNECT will commence the Service when it accepts Member’s application for use the Service: Provided that, for some Service, KoNECT will commence the Service from the date designated.
8.2 Should the Service cannot be started for the reason of managerial or technical obstacles, KoNECT will publicly notice at its site or inform the Members.
8.3 The use of Service is available all the year around: Provided that the Service may be temporarily suspended for managerial or technical reasons and for the operational purpose such as regular inspection. In such event, KoNECT will publicly notice before or after thereof.
8.4 Even after membership and for certain Service, the Service may be provided only to certain Members upon request of a service provider.
8.5 KoNECT may divide the Service into certain range and separately determine the hours available for use of Service. In the case of events, KoNECT will publicly give notice in advance.
Article 9 (Modification and Suspension of Service and Storage and Use of Information)
9.1 User agrees that, if any message and other communication stored in or transmitted to the Service cannot be stored or deleted for the reason of failure of service equipment and other force majeure beyond the control of KoNECT including national emergency and blackout, KoNECT will never be responsible for the loss of communication data.
9.2 Should the Service be suspended temporarily due to difficulties in providing regular Service, KoNECT may suspend the Service at least one week prior to suspension of Service and KoNECT will not be responsible for Member’s non awareness of the notice during such period. The period of such notice above may be reduced or omitted with reasonable reason.
In addition, if any message and other communication stored in or transmitted to the Service cannot be stored or deleted for the reason of such suspension of Service, KoNECT shall not be responsible for the failure of transmission or loss of communication data.
9.3 If the Service must be permanently suspend for the circumstances of KoNECT, the foregoing Paragraph 9.2 must apply: Provided that, in such event, the period of prior notice must be one month
9.4 KoNECT may amend, modify and suspend the Service after giving prior notice and KoNECT will never be responsible to the Member or a 3rd party.
9.5 Should any Member commits an act in violation hereof, KoNECT may suspend the use of Service at its own discretion and, in such event, KoNECT may make Member not access to the Service and delete the entire or part of the contents posted by Member at its own discretion.
9.6 For long-dormant Member, the use of Service may be suspended after giving one week notice from the date of sending guide mail and announcement of public notice.
Article 10 (Provision of Information and Post of Advertisement)
10.1 For various information and advertisement recognizable to be necessary for the Member’s use of Service, KoNECT may provide them to the Member in the way of email or written mail, SMS (text message of mobile phone), DM and messenger and, if receiving undesired information, the Member may refuse to receive such information.
10.2 KoNECT may post an advertisement on the screen of Service, homepage and e-mail related to the operation of Service and KoNECT deems that the Member desiring the Service consents to the post of such advertisement.
10.3 KoNECT will never be responsible for any and all the loss or damage arising out of posting in the Service or Member’s participation in, communication or transaction for sales promotion with advertiser through the Service.
Article11 (Deletion of Posts or Text)
11.1 If KoNECT considers that any article in the Service posted or registered by the Member falls under any of the followings, KoNECT may delete such article without giving prior notice and will never be responsible there for:
11.1.1 when such article slanders or makes slandering damage on the reputation of KoNECT, other Member or a 3rd party ;
11.1.2 when such article includes any content violating public order and public moral;
11.1.3 when such article is recognized to be involved in criminal act;
11.1.4 when such article includes any content infringing on other rights including copyright of a 3rd party;
11.1.5 when such article is the information not suitable to the characteristics of Service; or
11.1.6 when such article violates provisions of applicable laws, regulations or rules of KoNECT
11.2 KoNECT retains the right to edit, transfer or delete any content posted in the Service by giving prior 3 day notice. Should such content violates this UA or is unlawful or unsound, such content may be deleted without giving a prior notice.
11.3 Should any content posted in the Service loses its effect as a post for the lapse of certain period of time and the purpose of its existence is not clear, KoNECT may delete such content by giving one week notice after the date of announcement of public notice.
Article 12 (Copyright of Post)
12.1 Any copyright to the article posted by the Member in the Service must be retained by the Member and KoNECT may utilize such article for other service including posting therein.
12.2 Member shall be fully liable, civil and criminal, for the article posted by Member infringing on copyright and program copyright of others.
12.3 Member must not use commercially any data posted in the Service including the act of processing and sales of the information obtained from using the Service.
Article 13 (Ownership of KoNECT)
13.1 Any intellectual property right and other right to and over the Service provided by KoNECT, software necessary there for, image, mark, logo, design, title of service, information and trademark must be owned by KoNECT.
13.2 Unless otherwise expressly approved by KoNECT, the Member must not modify, lease, make a loan, sell, distribute, manufacture, transfer, sublicense, provide as security or commit act of commercial use or allow a 3rd party to do such for the entire or part of such property as set forth in the foregoing Paragraph 13.1.
Article 14 (Obligation of Member and Security of Information)
14.1 Upon membership for the use of Service, Member must provide complete information (the “Membership Information”) and, in case of changes in Membership Information, must immediately update such information.
14.2 Upon completion of membership procedure for the use of Service, Member will be issued his or her ID and Password and must comply with the followings for the management of such ID and Password:
14.2.1 Member must immediately report to KoNECT when his or her ID and Password is used without authority; or
14.2.2 Member must carry out logout whenever he or she stops the access to Service after login
14.3 Member agrees that he or she will not commit the following acts while using the Service.
14.3.1 Acts threatening others (including minority)
14.3.1.1 act disguising others with others’ ID and Password;
14.3.1.2 act falsely expressing the relationship with others;
14.3.1.3 act damaging the reputation of others by indicating facts or false facts for the purpose of slander ;
14.3.1.4 act distributing false information for the purpose of proprietary benefit to or damage on others;
14.3.1.5 act disturbing daily life of others by continuing to send talk, sound, text , image or video which may cause hatred feeling or fear;
14.3.1.6 act for profit seeking from using Service without prior consent of KoNECT; or
14.3.1.7 act using the Service by stealing the name of others used for information and communication service
14.3.2 Act of post of unnecessary or unauthorized sending of advertisement and sales promotion materials or inducement of ‘junk mail, ‘spam’, ‘chain letters’, ‘wallpaper text’, or ‘pyramid organization’;
14.3.3 Act of posting, texting or sending by e-mail vulgar or obscene data, text, software, music, picture, graphic, and video message (the “Contents”);
14.3.4 Act of posting, texting or sending by e-mail any contents to which Member has no right (including all the rights such as intellectual property right);
14.3.5 Act of posting, texting or sending by e-mail software virus in order to destruct, disturb computer software, hardware and electrical communication equipment or restrict their function;
14.3.6 Act of collecting or storing personal information of other Members including posting, texting or sending by e-mail the materials containing other computer code, file and program;
14.3.7 Act of gambling or speculation for valuables;
14.3.8 Act of distributing any information aiding or brokering prostitution or lewd conduct;
14.3.9 Other unlawful or wrongful act; or
④ Member must comply with this UA and matters as prescribed in laws and regulations.
Article 15(Obligations of KoNECT)
15.1 Except for extraordinary circumstances, KoNECT must enable the Member to use the Service on the commencement date of the Service for which the Member applied.
15.2 KoNECT is obliged to provide the Service continuously and sustainably as agreed herein.
15.3 KoNECT must be responsible for the damage incurred by Member caused by the Service provided by KoNECT to the extent that such damage arises out of willful misconduct and gross negligence of KoNECT and the scope of such responsibility is restricted to ordinary damage.
15.4 Should any opinion or complaint of Member be considered as fair, KoNECT must promptly handle it: Provided that, in cases where such handling is difficult, KoNECT must inform to the Member the cause and schedule thereof.
15.5 KoNECT makes its best efforts in protecting the personal information of Member including member registration information in accordance with applicable laws and regulations and comply with applicable laws and regulations and provisions of Clause 16 hereof with respect to privacy protection for Member.
Article 16 (Privacy Protection Policy)
16.1 KoNECT collects the information of Member through the information provided by Member during application for use of the Service and any personal information of Member must be used only for performance of this UA and the purpose of provision of Service hereunder.
16.2 KoNECT must not divulge or distribute to a 3rd party any information of Member acquired related to the provision of Service without consent of Member except for the following cases:
16.2.1 when disclosure of such information is required by competent agencies for the purpose of investigation under applicable laws and regulations; or
16.2.2 when disclosure of such information is requested under the procedure as prescribed in applicable laws and regulations
Article 17 (Termination and Restriction on Use)
17.1 Should any Member desires to terminate this UA, the Member must file an application for termination at relevant site through internet in hand.
17.2 KoNECT may change or request Member to change his or her ID and Password for the reason of security and ID policy, and smooth provision of Service.
17.3 If any Member commits any of the followings, KoNECT may terminate this UA without giving prior notice:
17.3.1 when the data provided by Member is discovered as false;
17.3.2 when Member is involved in a crime;
17.3.3 when Member makes or executes a plan for the use of Service for the purpose of disturbance on national interest or public interest ;
17.3.4 when Member steals the Service ID and Password of others;
17.3.5 when Member damages on reputation of or gives disadvantage to others;
17.3.6 when Member disturbs others’ sound use of Service including threat on Service; or
17.3.7 when Member fails to comply with applicable laws and regulations or the condition of use the Service as determined by KoNECT
Article 18 (Service Fee and Charged Information)
The use of Service is free of charge, in principle: Provided that this does not apply to charged information and Service at cost as separately set forth in the Service.
Article 19 (No Assignment)
Member shall not assign, transfer or provide as security its right to use of Service and status hereunder to others.
Article 20 (Damage)
KoNECT will never be liable for any damage incurred by Member with respect to the Service provided free of charge except for the cases where such damage arises out of gross negligence of KoNECT.
Article 21 (Indemnification)
21.1 KoNECT will be discharged from its responsibility in cases where it cannot provide the Service due to act of God or other force majeure equivalent thereto.
21.2 KoNECT will not be responsible for any disturbance in Member’s use of Service arising out of the fault of Member.
21.3 KoNECT will not be liable for expected profit of or damage incurred by Member arising out of the use of Service of Member.
21.4 KoNECT will not be responsible for the credibility and accuracy of the information, material and facts posted by Member in the Service.
Article 22(Jurisdiction)
22.1 KoNECT and Member must make their best effort in amicably resolving any dispute between KoNECT and Member arising out of or in connection with the use of Service.
22.2 Notwithstanding the foregoing Paragraph 22.1 and when any suit is raised for such dispute, such dispute shall be settled by the court having jurisdiction over the place where KoNECT is located.
Addenda
(Execution Date) This UA will be applied from the ___th day of November 2017.
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