코리아이란 이용약관 1.2

KoreaIran.com is an online marketplace owned and running by Astaba Group registered in Islamic Republic of Iran and only follows laws and regulations of Iran for cooperation with Korean companies. As the case may be, reference to KoreaIran.com in these Terms and Conditions and its subsequent changes shall also mean reference to Astaba Group, its group companies, subsidiaries, affiliates and substitutes as well. Any use of “we”, “our” and the like shall mean reference to KoreaIran. Reference to “you” shall be regarded as reference to “users” / “member” whether registered or unregistered that are using KoreaIran platform and are deemed to have accepted these Terms and Conditions. KoreaIran.com is an online B2B platform through which both registered and unregistered users can contact other users for the establishment and maintenance of business, export and import contacts by placing offers and acceptance through KoreaIran.

These Terms and Conditions describe how the KoreaIran website and its services should be used and eventually regulate the relationship between KoreaIran and its users (registered or unregistered). Please read them carefully and if they are not acceptable to you, you may cease using or accessing this Website or cease using the services provided by KoreaIran, in any way or manner. By continued accessing and using of the KoreaIran platform you are deemed to have accepted in fact these Terms and Conditions and its subsequent changes. In such case any claim etc. arising out of your continued use of this Website as well as any assertion on non-study or lack of information in respect of these Terms and Conditions or any updates thereof will not be admissible before any authority.

We note that these Terms and Conditions may vary or alter from time to time, at sole discretion of KoreaIran. Such updates will not require any preliminary notification to any user to be validly implemented. The last version of these Terms and Conditions presented at the Website shall be the applicable one. Each user has to refer to the latest Terms and Conditions made available on the Website to ensure what are his/her obligations towards KoreaIran, any other user or any third party. In any case, the latest version of the Terms and Conditions will apply, no matter the date of access or registration of the users.

A. General Statements

Your use of the Website and KoreaIran’s services, software and products (“Services”) is subject to these Terms and Conditions as well as any other rules and policies of the Website that we may publish from time to time. These Terms and Conditions describe how KoreaIran and its Services must be used and eventually regulate the relationship between the KoreaIran and its users (registered or using its platform without registration) and must be considered and prevail in any disputes arisen in this respect.

Upon your request KoreaIran will register you as a member for its online B2B marketplace (i.e. KoreaIran Website) and your use of this Website and any services thereto shall solely be on the basis of these Terms and Conditions. Unless expressly indicated so by KoreaIran throughout the services, on no account KoreaIran will become a contracting partner regarding the contracts between you and your customer that you have found through our online marketplace.

Your general terms and conditions in any manner will not become part of contracts / registration concluded with us, even if we do not contradict them explicitly, unless we have agreed to your terms and conditions explicitly in writing.

You agree to register as a user / member only in the context of your commercial or independent professional activities. We do not force our users to use our services through the online platform and the users are at complete liberty to choose such services.

KoreaIran is at complete liberty and volition to assign any relationship with you, as the case maybe to any third parties, group companies, subsidiaries or affiliates.

If you accept or agree to these Terms and Conditions on behalf of a company or any legal entity, you represent and warrant that you have sufficient authority to bind your respective company, or such legal entity, to these Terms and Conditions. Anyway, this does not mean that such company or legal entity will not be subject to these Terms and Conditions in absence of such authority.

By using KoreaIran or any of its services, you accept and agree to comply with the Terms and Conditions, whether or not you have registered with KoreaIran. In addition, while using a portion of, or the entire services of KoreaIran, you agree to abide by any applicable guidelines for the service posted herein the website which may be updated at any time by KoreaIran, at its sole discretion.

B. Changes to the Terms and Conditions

We reserve such right that at any time we are entitled to change or supplement these Terms and Conditions. As mentioned above, such updates will not require any preliminary notification to any user to be validly implemented. In any case, the latest version of the Terms and Conditions will apply, no matter the date of access or registration of the users. Such changes and updates do not justify any claims such as claim for damages by you against KoreaIran.

You understand and accept that you are solely responsible for reviewing these Terms and Conditions and any subsequent updates from time to time. Should you object to any of the Terms and Conditions, any guideline(s), or any change(s) incorporated into the Terms and Conditions now, or at a later date, or if you are unhappy with the Website in any way, you should immediately discontinue accessing or using the Website, its Services and Contents as defined herein under these Terms and Conditions.

C. Our Performance, Statistical Analysis, Data Protection

You understand and accept that the Content (meaning throughout these Terms and Conditions any texts, designs, layouts, graphics, images, information, advertisement, logos, and any other textual or visual objects etc. displayed on the Website) and data that you have supplied or are in public domain may be kept, saved or maintained on a server in different jurisdictions for Internet processing requests.

If you supply Content and data and we do not publish them on our online platform as provided by you, you are entitled to immediate correction based on the provisions of these Terms and Conditions and desicion of Korea Iran editors. If the Content and data have been published on the Website, your request of any changes shall be notified to and processed by KoreaIran to be effected.

You allow us the statistical evaluation of the data that you have provided to or publicly accessed by us for the publication on our online platform.

We undertake to comply with the data protection regulations and use provided data only as permitted by law concerned in each relevant jurisdiction. We have to point out that we have no influence on the manner of use of the Content that you have provided by other users of KoreaIran.

D. Memberships and Payments

There are three different memberships available at the KoreaIran marketplace namely, Silver supplier, Gold supplier and Premium supplier. Services offered to these memberships are different and there are more services available to Premium membership as mentioned at the Website.

KoreaIran reserves all rights to make any changes, alterations, amendments, substitution, completion, deletion etc. in any form and manner to those services available to the members at its sole discretion at any time it deems necessary due to market requirements, users’ request etc.

All members must comply with these Terms and Conditions, policies of KoreaIran or instructions they may receive from time to time from KoreaIran.

KoreaIran shall reserve the right to suspend, cancel, terminate or reject registration or renewal of membership of any users, if at KoreaIran’s sole discretion such user has breached provisions of these Terms and Conditions or KoreaIran’s policies and instructions or has committed any act / omission prohibited under the Iranian laws and regulations to the detriment of other users or has violated any other applicable laws which can undermine the market image, operations and credibility of KoreaIran.

In such case of suspension, cancellation, termination, non-renewal etc., KoreaIran shall suspect, cancel, cease or terminate its Services to the concerned user, as the case may be at KoreaIran’s sole discretion.

KoreaIran under no circumstances shall be held liable with respect to the above and all users hereby release KoreaIran from any probable liability and must indemnify KoreaIran and hold it harmless of any such liabilities.

All members are responsible for their sales and communication with buyers. KoreaIran is not responsible for unsuccessful performance (lack of sales) of registered members during and after the registration period, regardless of the membership type.

E. Users’ Trading and Business Transactions

KoreaIran provides an online business to business (B2B) marketplace allowing exchange of key trade information between product suppliers and buyers (i.e. Sellers and Buyers). KoreaIran only acts as a passive conduit and platform for the exchange of users’ Content which further enables trade or business transactions between the concerned users, but does not represent either the seller or the buyer in any specific transaction. KoreaIran under any circumstances, whatsoever is not involved in and does not monitor, control or otherwise endorse any trade or business transactions between users and shall not be held legally responsible, liable or accountable in any manner whatsoever in relation thereto, namely but not restrictively, if the products are not available, not delivered on time, not of the quality or quantity represented, are defective, faulty, dangerous, counterfeit or otherwise not lawful or not satisfactory etc.

Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Website or its Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Website. Such risks shall include, but are not limited to, misrepresentation of users’ products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents etc. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of the users’ products or services offered or displayed on the Website may violate or may be asserted to violate third party rights, and the risk that user may incur costs of defense or other costs in connection with third parties’ assertion of third party rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Website as a result of purchase and sale transactions in connection with using the Website may suffer harms and/or assert claims arising from their use of such products. Each User agrees that KoreaIran shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with the said risks.

In order for checking of the products and to make sure of their compliance with the orders, KoreaIran strongly advise you to use the services of commercial inspection companies in every transaction. KoreaIran under no circumstances, whatsoever does not accept any responsibility and liability with respect to your selection of an inspection company and your relations or disputes with it. Furthermore, in any event KoreaIran shall not be responsible for anything which falls within the scope of activity of such inspection companies or failure to use such services by the users.

Any aforementioned transactional risks of any kind associated with the import, export, purchase or sale of products offered through the Website shall be fully born by you as a user. You are solely and fully responsible with respect to all applicable Terms and Conditions pertaining to any trade or business transactions made in relation to your use of the Website, including without limitation, any term and condition related to delivery, transportation, shipping, handling and storage, price, fees, taxes and payment, quality, returns, warranties and insurance, property titles, licenses and permits.

In the event that any user has a dispute with any party to a transaction, such disputing users hereby releases, holds harmless or indemnifies KoreaIran from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages and loss of profit and business) arising out of or in connection with such transaction.

F. Users Responsibilities and Obligations

You hereby undertake that your use of the Website or any of its service must be in complete compliance with your applicable laws and regulations. If continuation of the use of the Website results in breach of such applicable laws, you must immediately cease using of the Website and mitigate the effects of your breach, if any.

You affirm that you have the proprietary ownership and the right / license / permission to transfer and disseminate data supplied to us and that you observe on your part the data privacy laws. KoreaIran does not accept any responsibility with respect to the data supplied by you in terms of breach of any data privacy requirements which must have been observed by you. You agree and acknowledge that by submitting any data or content to us, you grant KoreaIran an irrevocable, non-cancellable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the content in connection with the KoreaIran, service and business. These rights are required by KoreaIran in order to host and display your data and content(s).

You are responsible for the content, accuracy, timeliness, design and completeness of the data provided. You explicitly state that these data are in compliance with the applicable laws and regulations in force. In this respect, you keep us harmless of any claims or alternatively keep us indemnified from any penalties and claims incurred by us because of your violations.

You will notify us of recognizable defects and faults of obligations, of imminent dangers and of evidence of misuse by third parties without delay and you will – within reasonable limits – take all necessary measures for the detection, localization and documentation of these defects and faults. Disadvantages that occur because of your late notifications are not our responsibility.

KoreaIran is intended only for adults. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and in general you have such capacity and competency required by the applicable law to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in these terms and conditions, and to abide by and comply with them.

G. Suspension of users Content / Membership / Registration

We are entitled to immediately block any of your Content, data or your registration or membership with us, as well as any links to other websites if we discern and determine that a violation of applicable laws has occurred. This especially applies if you are providing information on prohibited material, on illegal trade in pharmaceuticals, weapons or drugs or on any other illegal activities. We shall also be entitled to an immediate suspension if we are served with a formal warning because of violation of competition law regulations. In addition, we may in these cases immediately terminate the registration / account.

H. Maintenance

We are entitled to carry out maintenance services on servers, databases, etc. We will keep disruptions of data retrieval as low as possible. In case of minor disturbances because of the disruptions you are not entitled to reduce the price, terminate the contract or claim compensation.

I. Privacy Policy

Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with our services and to protect your account. Information including, but not limited to name, trade name and mark, address, phone number, fax number, email address, account number, gender, date and/or year of birth, preferences, product list, area of activities and expertise, accreditations, prizes, etc. (Registration Information) may be collected at the time of user registration on the Website.
Your provided data will be stored in servers located across the globe. We shall hold no liability with respect to the place of storage of your data. By using this Website or its services, you consent to collection, transfer outside of your country, storage, and use of the personal information you provide for any of the services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provided that is collected by the Website.
If by your violation of the confidentiality obligations, unauthorized use by third parties is made possible during your membership, you are responsible for all damages and losses caused by the violation. This obligation shall survive the termination of the membership / these Terms and Conditions and the like. Finally, KoreaIran will not be responsible for any issues that may rise by website being hacked or misused.

J. Disclaimer and Limitation of Liabilities

The content of this section is not by itself the sole disclaimer applicable by KoreaIran to each and any user, whatever the use such user does of the Website. This means that as the case maybe KoreaIran can benefit from other parts of these Terms and Conditions and any updates thereto to limit or disclaim any liability.

You expressly acknowledge and agree that your use of the Website and its Service is entirely at your own risk and that the Website, and Services of the KoreaIran are provided on an “as is” or “as available” basis, without any warranties of any kind.

All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed by the Website to the fullest extent permitted by law.

The Website makes no warranties or representations about the accuracy or completeness of the Website’s Content or the content of any third party websites linked to the Website and assumes no liability or responsibility for any:

Errors, mistakes, or inaccuracies of Content.
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and its services.
Interruption or cessation of transmission to or from the Website.
Unauthorized access to or use of our servers and/or any Personal Information and/or financial information stored therein.
Bugs, computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or Personal Information, malware, spamming, phishing, or the like which may be transmitted to or through the Website by any third party.
Errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, communicated, transmitted, or otherwise made available via the Website or its services.
The Website does not warrant, endorse, or assume responsibility for any product or Service advertised or offered by a third party through the Website or any hyperlinked websites or featured in any banner or other advertising.

In no event shall the Website, KoreaIran, Astaba Group, its group companies, affiliates, subsidiaries, officers and employees, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if the Website has been advised of the possibility of such damages), resulting from any aspect of your use of the Website or its Services, including without limitation whether the damages arise from use or misuse of the Website or the Service, from inability to use the Website or its Services, or the interruption, suspension, modification, alteration, or termination of the Website or the Service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website or the Service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or its Service or any links on the Website. These limitations shall apply to the fullest extent permitted by law.

You understand that when using the Website, you will be exposed to Contents from a variety of sources, and that the Website is not responsible for the accuracy, usefulness, safety, intellectual property rights of or relating to such Content and you accept and assume all liabilities for your use. You further understand and acknowledge that you may be exposed to Contents that may be inaccurate, offensive, indecent, objectionable, defamatory or libelous. By using this Website or accepting otherwise these Terms and Conditions you agree that you do not have any objections or claim in this respect against the Website and to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Website with respect thereto.

For access restrictions, which are due to force majeure or other causes beyond our sphere of control, we shall not be held liable under any circumstances.

You acknowledge and agree that:
The Website has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or its Service;
The Website may establish limits concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website;
The Website, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if the Website believes that you have violated these Terms and Conditions;
The Website shall not be liable to you or any third-party for any termination of your access to the Website or the Service, and you agree not to attempt to use the Service after any such termination.
The Website reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that the Website shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Service.

All rights not otherwise claimed under these Terms and Conditions or by Astaba Group are hereby reserved. The information contained in the Website is intended, solely to provide general information for the personal use of the user, who accepts full responsibility for its use. KoreaIran does not represent or endorse the accuracy or reliability of any Content contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this Website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this Website is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall KoreaIran be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service, the materials and the products. User(s) of this Website hereby acknowledge that any reliance upon any Content shall be at their sole risk.

In the following cases you expressly acknowledge and agree that any liability of KoreaIran, Astaba Group, its group companies, affiliates, subsidiaries, officers and employees shall be limited to the amount of the Service fee received from such user by the Website within one (1) calendar year:

in any case of an actual damage directly caused by KoreaIran that KoreaIran cannot or is barred from benefitting the exclusions and disclaimer provisions of these Terms and Conditions; and

such damage caused a liability be established for KoreaIran, Astaba Group, its group companies, affiliates, subsidiaries, officers and employees towards each user for any reason whatsoever.

You expressly agree and accept that any claims against KoreaIran, Astaba Group, its group companies, affiliates, subsidiaries, officers and employees must be filed within one (1) calendar month from the date of occurrence of the cause of action; otherwise your right to raise such claim shall be lapsed and relinquished.

In the case of existence of any possible claims against the aforementioned in excess of the mentioned limitations, you hereby waive such claims or alternatively hereby settle those claims to the aforementioned.

K. Intellectual Property Rights

Astaba Group is the only owner or lawful licensee of all the rights to the trademark and tradename of KoreaIran or its group companies, affiliates and all its Contents as defined above. The Website Content embodies trade secrets and intellectual property rights protected under worldwide and local copyright, intellectual property and other laws. All title, ownership and intellectual property rights in the Website and its Contents shall remain with Astaba Group or its group companies, affiliates and subsidiaries. Any unauthorized use, infringement of such rights and violation of the provisions of any applicable laws in this respect by any user or other persons shall bring civil and criminal liabilities for the infringer or violator.

L. Miscellaneous

These Terms and Conditions must be read and interpreted in conjunction with other guidelines and instructions provided by KoreaIran. These include the scope of Services offered through the Website, Product Posting Policies and Return Policies which shall be considered as integral and constituent part of these Terms and Conditions.