hida - Color Material Finish specialists (히다랩)

Terms & Conditions

Chapter 1. General Provisions

Article 1 (Purpose)

The purpose of Hidalab Terms and Conditions is to prescribe the rights, obligations, responsibilities and other necessary matters,

between the Company and the users, in reference to the use of every service provided by INTOPS Co., Ltd.(hereinafter referred to as the “Company”)

through the website (https://www.hidalab.com) (hereinafter referred to as the “Website”).

Article 2 (Definitions)

The terms used herein shall be defined as follows::

① The term “service(s)” means content provided by the Company through the Website, CMF Library service and provision of information and all relevant services.

② The term “user(s)” means the member and non-member who use content and all relevant services by accessing to the Company’s Website in accordance with these Terms & Conditions.

③ The term “Member(s)” means the user who enters into the agreement for use and is granted the user ID, receiving Company’s information

and content continuously and being available to use the Service provided by the Company continuously.

④ The term “non-member(s)” means the user who is not a member and may use the service provided by the Company,

and the Company may provide differential services for members and non-members.

⑤ The term “content” means materials or information expressed in the form of codes, characters, voices, sounds, images or videos, etc. used in the information

and communication network stipulated in the Subparagraph 1 of Paragraph 1 of Article 2 of Act on Promotion of Information and Communications Network Utilization

and Information Protection, etc., which is produced or processed in electronic form in order to enhance the level of utility in preservation and utilization.

⑥ The term “ID” means the combination of letters or numbers, created by a member and approved by the Company, for the purpose of identification of the member and use of the Service.

⑦ The term “password” means the combination of letters or numbers created by a member for the purpose of verifying that the member is matched with the ID granted and securing confidentiality.

Article 3 (Provision of Company Information)

The Company shall, for easier recognition by users, display the contents of these Terms & Conditions, company name, address of business (including the address of the place

in which consumers complaints may be handled), phone number, fax number, email address, business registration number, mail-order business registration number,

staff in charge of privacy management, etc. on the initial online service page; provided, however, that the content of these Terms & Conditions may be exposed to users through a link page.

Article 4 (Display and modification of these Terms & Conditions)

① The Company shall display these Terms & Conditions on the service page for easier recognition by users.

② The Company may modify these Terms & Conditions to the extent that it does not violate applicable laws.

③ In the event of any modification of these Terms &Conditions, the announcement stipulating the date of application and the cause of modification shall be displayed from 7 days prior

to the date of application to the date elapsed substantial period of time after the date of application, and the modified terms and conditions shall be effective on the date of application.

Notwithstanding the foregoing, in the event that such modification becomes disadvantageous to users, such modification shall be announced at least 30 days prior to the date of application.

The announcement shall include contents specifying the modification on a before-and-after basis for easier understanding of users.

④ In the event that Company specifically notify ‘If intention to refuse is not expressed from the date of notification to the date of execution of the modified terms and conditions,

it shall be deemed to be approved’ to members, yet a member does not express intention to refuse, it shall be deemed to consent to the modified terms and conditions.

In the event that a member does not consent to the modifications, the member may terminate the agreement of use in accordance with these Terms & Conditions.

Chapter 2. Membership

Article 5 (Membership)

① Users can sign up for membership to use the Company’s services through the Website and may use it by linking to Naver, Facebook, KakaoTalk and Google ID.

② An individual who desires to use the service as a member shall provide consent to the Terms & Conditions and fill out the required items

in the form presented by the Company. In the aforementioned case, the user shall apply for the membership by expressing intention to agree on these Terms & Conditions upon

clicking the button of “I agree” on the membership page for service.

③ An ID created at the time of signing up shall be regarded as the email address and in the event that information with regard to information provided by the Company

and use of the Service is not received due to writing of invalid email address by mistake or intentionally, the member shall be responsible for the aforementioned case.

④ In the event that a user completes application of membership by faithfully filling in required items, etc. in accordance with Paragraph 2,

the Company shall approve immediately after checking details of application. Provided, however, that if the detail falls under any one of following cases,

the Company may suspend or refuse the approval and may suspend the agreement of use afterwards.

1. Where an applicant lost its membership in the past in accordance with these Terms & Conditions; provided, however, that this shall not apply to the case

that certain period of time for suspending, decided by the “Company”, has passed or for those who acquired the approval for re-subscription of the membership;

2. Where an applicant uses another person’s name;

3. Where an approval is unavailable caused by the applicant’s fault or application is made against law and/or any of items regulated; or

4. Where a service is unable to be provided as the user is not equipped with technical environments and facilities.

⑤ If the Company disapproves the application due to the applicant’s fault, suspends or refuses the approval for the application,

or terminates the agreement of use afterwards, it shall notify to the users.

⑥ A membership agreement deems to be concluded at the time when the completion of membership subscription notification reaches the applicant.

Article 6 (Change of Member Information)

① A member may view and change his/her personal information entered at the time of signing up for the membership at any time through the personal information management page.

② A member shall notify the Company of changes, if any, in information entered at the time when he/she signed up, in the way of changing member information using the Website.

The company is not responsible for any disadvantages arising out of the change of information through methods other than the Website.

Article 7 (Notification to Members)

① The Company may notify members of information, if any, by sending an email to the address entered at the time when a member signed up for membership and by posting in the Website.

② In the event of an announcement for all members, the Company may replace preceding notice stipulated in Paragraph 1 with posting a notice in the bulletin board of the Website at least for 7 days.

Article 8 (Membership Withdrawal and Disqualification, etc.)

① A member may, at any time, request withdrawal from the Company, and the Company shall forthwith comply with such request.

Membership withdrawal may be proceeded by the application if a member desires the withdrawal.

② The Company may restrict and suspend membership in any of the following cases:

1. Where false information is entered at the time of sing-up;

2. Where a member hinders other users from using the service and steals information of others; or

3. Where a member, in the course of using the service in the Website, conducts an act against law, these Terms or public order and good morals.

③ In case members withdraw from the membership, property values including any usage right and data created, which belong to the account, shall be immediately expired and not be restored.

④ The Company may restrict re-joining for a certain period of time in order to prevent repetition of withdrawal×signing-up and occurrence of damages to other users.

Chapter 3 Provision of the Service

Article 9 (Provision and Use of the Service)

① The Company provides members with services as follows:

1. CMF Library service: The service that provides CMF physical samples developed after analyzing the trend of color, material and finish by experts in hida as visual materials in the website.

More various CMF samples are offered to members than non-members. This service provides members with functions that enable creating folders regarding samples

that they want and classifying and sorting them, through ‘My library’ tab, and the function of memo;

2. Newsletter subscription service; and

3. All other services including, but not limited to, additionally developed by the Company or provided by partnership with other companies

② The Company begins to provide the service from the time when a member’s application for use is approved;

provided, however, that, subscription service may be used only under the condition that the member provides his/her consent.

③ The company may temporarily suspend the provision of its service for a certain period of time or limit the service hours in the case of regular maintenance, replacement or breakdown,

or loss of communication of service facilities or any other reasonable causes in operation, and in which cases, the Company shall notify members of the reasons in advance;

provided, however, that, the Company may notify afterwards in the event of urgent cases for which prior notification is not available.

④ The Company may modify, change or suspend partial or entire services in accordance with Company’s business plans and policies for service operation

and does not compensate the members unless otherwise specified in the relevant laws and regulations; provided, however, that if it is deemed to be disadvantageous to members,

it shall be notified through the e-mail address entered when the members signs up.

⑤ The Company notifies members of matters concerning characteristics, procedures and methods of each service, depending on the type of the service, on the service page,

and members shall understand matters regarding each service notified by the Company and use such services.

⑥ The Company shall notify members of any change in the service, if any, at least 7 days prior to the change,

and is not responsible for any damage caused by the member’s failure to inquire details of the notice.

Article 10 (Suspension of the Service)

① In principle, use of service is available 24 hours a day, 7 days a week unless the Company has specific business or technical issues;

provided, however, that the day or time of maintenance shall be the exception if the Company determines that regular·irregular maintenance, etc. are necessary and conduct them.

② The Company may divide the service into certain ranges and set available time to use by the range. In such cases, the details shall be disclosed in advance.

③ The Company may restrict or suspend entire or partial provision of the service without prior notice in case of falling under each of following cases:

1. Where normal use of the service is unavailable due to failure·maintenance of facilities using for the service, service congestion, etc.

2. Where a facilities-based telecommunications business operator stipulated in Telecommunication Business Act suspends telecommunication service; or

3. Where the third party suspends the service in case that the service is provided by such third party including partner companies, etc. not by the Company directly.

4. Where there is a reason such as national emergency, blackout or force majeure

④ The Company may suspend the provision of the service in the event of replacement with the new service, technical·operational issues,

other reasons which make provision of the service impossible.

Article 11 (Restriction of Use of Service)

① In the event that information provided by a user to the Company turned out to be false or reasonable causes to suspect as they are false are occurred,

the Company may suspend the user’s service usage partially or entirely and shall not be liable for any disadvantage arising from it.  

② If a damage occurs in members’ using of the service due to a leakage of user account or ID and/or password in relation to the account resulting from negligence

in management of the account by the member or a member acts against content of these Terms & Conditions (Article 20 Breach of Member’s Obligation,

Article 21 Breach of Prohibition of Illegal Use), the Company may prohibit the account from using the service at its sole discretion or user’s access.

③ The Company may restrict or suspend service partially or entirely without notification when Force Majeure including, but not limited to, natural disaster,

national emergency, technical fault which is difficult to resolve, or critical change is occurred or expected to be occurred.

④ The Company is not responsible for any problems between the members in the service area, arising from using the service.

⑤ In the event that it is inevitably necessary to protect other members’ rights and interests such as the case that a user’s account or ID related to the account which is directly associated

with specific breach is found out in the process of Company’s investigation for breaches of these Terms & Conditions, the Company may suspend the use of the service

by using the user account concerned temporarily. In response to aforementioned case, the member may raise an objection through the service website, customer center, etc.

Article 12 (Subscription Service)

Subscription service is the service that the Company sends certain information including newsletter to members, by email, etc. for the period of service usage, regularly.

Subscription service is provided only for those who consent to subscription service, and if the use of subscription service is terminated due to cancellation

of subscription service by members, etc., it is not provided after the termination.

Article 13 (Obligations of the Company)

① The Company shall not conduct any deed prohibited by these Terms & Conditions or against good public order and customs

and shall exert its best endeavors to provide the service in a continuous and stable manner.

② The Company shall not reveal or distribute user’s personal information to a third party without his/her consent; provided, however, that personal information may be provided

by legitimate process in accordance with provisions stipulated in laws including, but not limited to, requests from a national agency or Acts in reference to telecommunications

and Information Communication Ethics Committee under relevant laws and regulations.

③ In order to provide continuous and stable service, in the event of facility malfunction, the Company shall repair or restore without delay unless an inevitable reason is existed.

④ In the event that a member suffers by damage arising out of the service provided by the Company, the Company shall be liable for it only under the conditions

that the damage has arisen out of the Company’s intention or gross negligence, and the range of liability shall be limited to general damage.

⑤ The Company shall prioritize to handle the complaints and comments filed by the members if those are deemed to be fair.

However, in case of difficulty in promptly handling them, the Company shall forthwith notify the relevant members of the reason and the handling schedule.

⑥ The Company shall exert its best endeavors to protect members’ personal information including member registration information in accordance with relevant laws and regulations.

The Company shall comply with relevant laws and regulations and these Terms & Conditions in reference to personal information of members.

Article 14 (Obligations of Members)

① Members shall be obligated to provide full information consistent with current information (hereinafter referred to as “Registration Information”)

and if Registration Information is changed, it shall be updated forthwith.

② Members shall comply with these Terms & Conditions in reference to management of member ID, password and

Google, Naver , Facebook , KakaoTalk account prescribed in Article for the purpose of managing their ID and password.

③ Members shall not do any of the following deeds:

1. to enter false information at the time of sign-up or change;

2. to steal identity of others;

3. to transfer or grant rights of use or other status under agreement to use;

4. to impersonate a Company’s administrator, staff and executive, or the Company or steal relevant information;

5. to arbitrarily change the information posted by the Company;

6. to infringe intellectual property rights including, but not limited to, copyrights, trade secret, patent rights of the Company and other third parties;

7. to harass of, threaten of or tarnish the fame of the Company, other members or a third party;

8. to disclose or display pornographic or violent messages, or other information against good public order and customs;

9. to obtain and use other users’ information by hacking;

10. to conduct other illegal or unlawful acts against current laws and regulations;

11. to create advertising or/and pornographic posts;

12. to create posts in which abusive or inappropriate words are contained;

13. to create posts which slander other members or induce dispute between members;

14. to create posts which causes excessive controversy in religion or politics;

15. to conduct spamming in comments;

16. to make comments which divulge personal information; or

17. to make comments which violate relevant laws and regulations

④ In the event that a member does any of prohibited deeds stipulated in the foregoing, the Company may take reasonable measures including,

but not limited to, restricting use of the service such as suspension of service use, termination of the agreement, etc., or prosecuting to agencies depending on gravity of violation.

⑤ Members shall not transfer, give or lend the right to use of the service or other status under agreements to use to a third party

or provide it as a collateral without explicit consent of the Company in advance.

⑥ Members shall abide by the notice that the Company announces and notifications sent out by the Company in reference to the relevant laws and regulations,

these Terms & Conditions, user guide and the service, and shall not do any deeds interfering with the business of the Company.

⑦ Members shall not conduct sales or advertising activities against the purpose and ways of use established by the Company without Company’s prior approval

and the use of the service by members shall not infringe Company’s property rights, business rights or business models.

Article 15 (Prohibition for Illegal Use)

In case of falling under any of following cases, the Company shall deem it as an illegal use:

① Where a user runs a program to duplicate or captures or records a screen while using the service;

② Where a user transfers and gives rights to use of the service and other status under other agreements of use;

③ Where a user provides his/her account as collateral by transferring or giving it; or

④ Where a user infringes author’s property right of a third party, including the Company, without permission to use, in the course of the use of the service.

Article 16 (Policy on Personal Information Protection)

① The Company collects information regarding members using information provided by members at the time when members sign up,

and members’ personal information shall be used for the purpose of executing the agreement of use and providing the service under the agreement.

② The Company shall not be permitted to reveal or distribute members’ information acquired, in reference to provision of the service,

to a third party and to use for any commercial purposes; provided, however, that following cases shall be regarded as exceptions:

1. Where a relevant agency requests it for investigation in accordance with relevant laws and regulations;

2. Where Information Communication Ethics Committee requests it; or

3. Where other requests are made according to the process established by relevant laws and regulations.

Article 17 (Obligations of management of ID and Password and

Google Account, Naver Account, KakaoTalk Account, Facebook account of Members)

① Members are responsible for management of ID and password and shall not allow them to be used by a third party.

② Once procedures to sign up for membership are complete, members are obligated to keep their information entered as confidentiality

and all responsibilities resulting from using ID and password shall be borne by the members.

③ Members shall bear all responsibility for the safe management of ID and password and shall forthwith notify the Company if they become aware

that information to access their account has been used wrongfully. The “member” is liable for any responsibility arising out of a failure to notify.

④ Members shall ensure that they log out every time when the use of the service is completed and the “Company” shall not liable for any damages

and losses arising out of stealing information on the “member” by a third party as the member has not conduct log-out.

Article 18 (Provision of Information and Posting of Advertisements)

① The Company may provide various information and advertisements which are deemed to be necessary to members for use of the service

by means of email entered at the time of signing up, and members may decline to receive them if those are undesirable.

② The Company may post advertisements, etc. on the service pages, website, and in the email in relation to operation of the service,

and shall deem that members intended to use the service has agreed with posting of such advertisements.

③ The Company shall not bear any responsibility for any loss or damage resulting from member’s participation in a promotion activity with,

or contact or dealing with an advertiser posted in the service or via the service.

Article 19 (Ownership of Copyrights and Restriction of Use)

① Intellectual property rights and other rights in reference to the Service provided by the Company, software necessary

for the use of the Service, image, mark, logo, design, service name, information and trademark, etc. shall belong to the Company.

② Members shall not partially or entirely modify, lend, borrow, sell, distribute, create, transfer, regrant a license, establish collateral right or conduct commercial exploitation

in reference to each property described Paragraph 1, except the cases that the Company explicitly approves, and shall not allow a third party to act any of aforementioned deeds.

Chapter 4 Compensation for Damages and Indemnification

Article 20 (Compensation for Damages)

① In case of damages resulting from member’s breach of these Terms & Conditions to the Company,

the member who violates these Terms & Conditions shall reimburse all losses incurred to the Company.

② In the event that the Company receives various kinds of objections including a claim for damages or lawsuit raised by a third party other than members due to member’s illegal acts

or breaches of these Terms & Conditions when using the service, the member concerned shall indemnify and hold harmless the Company from and against any damage and costs

at member’s cost, and if the Company is not indemnified, the member concerned shall reimburse all damages incurred to the Company resulting from the foregoing.

Article 21 (Indemnification)

① The Company shall not hold any responsibility for disruption of use of the service caused by reasons attributable to members including,

but not limited to, the case that a member has not comply with the terms and conditions, ways to use the service and usage standards of members.

② The Company shall not guarantee matters including, but not limited to, reliability and accuracy of information, materials or facts posted via the service.

③ The Company’s responsibility shall be exempted in the event that a mutual trade is made through the service as a medium, between members or a member and third party.

④ The Company may modify, suspend or change partial or entire service provided free of charge due to material reasons in policy or operation of the “Company”,

and shall not compensate unless otherwise stipulated in relevant laws and regulations.

⑤ The Company shall be exempted from any responsibility in case of unavailability to provide the service caused by natural disaster, war, suspension of service from a facilities-based

telecommunications business operator, errors in verification of open ID provided by a third party, technical fault which is difficult to resolve, or any other Force Majeure.

⑥ The Company shall be exempted from any responsibility in the event that the service is suspended, or disruption is occurred due to inevitable reasons including,

but not limited to, maintenance, replacement, regular inspection, or construction of facility for the service announced in advance.

⑦ Members are liable for damages in a system of computer or loss of data or information caused by downloading

or accessing to certain program or information by using the service of the “Company” at his/her own decision.

⑧ The Company shall be exempted from any responsibility if damages occurred resulting from the case

that a facilities-based telecommunications business operator suspends or does not provide telecommunication service normally.

⑨ The Company shall not hold any responsibility in case that damages occurred resulting from reasons attributable to members including,

but not limited to, an error in computer, entering inaccurate member information or negligence of account management.

⑩ The Company is not liable for any issues arising from the reasons not attributable to the “Company” including, but not limited to, any matters resulting from computer environments of a member

or security issues which are not under Company’s management range, or network hacking which is difficult to prevent by current level of security technology.

⑪ The Company does not guarantee or hold responsibility for accuracy, details, completeness, reliability of material information of content provided by the service

and does not bear ultimate responsibility for deletion of website, failure of saving, incorrect guide and provision of information. In addition, the Company is not liable for matters including,

but not limited to, reliability, accuracy, completeness and quality of information, materials or facts posted or transmitted within the service by members.

⑫ The Company has no obligations to intervene in a dispute resulting from the service as medium

between members or a member and third party, and is not liable for compensation for damages arising out of it.

⑬ The Company is not responsible for the matter that a member has not gained utility which is expected when using the service,

and is exempted from responsibility for damages, etc. resulting from the choice or use of the service.

⑭ The Company is not liable for compensation for member’s damages arising out of materials acquired by using the service and emotional distress caused by other members when using the service.

Article 22 (Resolution of Dispute and Jurisdiction)

① In case of any dispute arising in connection with the use of the service, the Company and a member shall attempt to reach an agreement with good faith efforts to resolve the dispute,

and if the dispute cannot be resolved, it may be submitted to Content Dispute Resolution Committee under Content Industry Promotion Act for resolution of dispute.

② In the event that a dispute cannot be reached to mutual agreement prescribed in the foregoing, both parties may file a lawsuit, and jurisdiction of the lawsuit

between the Company and member shall be Seoul Central District Court.

Addendum

These Terms & Conditions will take effect on August 14, 2020.