Chapter 1 General provisions
Article 1 (Purpose)
The purpose of these Terms is to stipulate all procedures for use of the system to measure, analyze and rate patent technology (hereinafter referred to as "SMART5") provided by the Korea Invention Promotion Association (hereinafter referred to as the "KIPA"), and rights, obligations and liabilities of the KIPA and service users (hereinafter referred to as "users").
Article 2 (Definitions)
1 Terminology used in these Terms shall be limited to the following meanings:
- 1. "Users" refers to members and nonmembers who receive services provided by the KIPA hereunder.
- 2. "Members" refers to paid members and free members who provide personal information to the KIPA to be registered as members.
- 3. "Paid members" refers to those who paid notified fees (hereinafter referred to as "usage fees") and use the services of the KIPA, and except special cases, "members" in the following Terms refers to paid members.
- 4. "Annual members" refers to paid members who have paid the annual fee among the usage fees, and who provide user and enterprise/institute information to the KIPA to be registered as members.
- 5. "Free members" refers to those who provide individual information to the KIPA to be registered as members and use services within a restricted range of services allowed by the KIPA without payment of the usage fees. Provision of the services to the free members shall be in accordance with the operation policy determined by the KIPA.
- 6. "User ID" (hereinafter referred to as "ID")" refers to a combination of unique characters and numbers selected by a user and granted by the KIPA to identify the member and use the services.
- 7. "Password" refers to combination of unique characters and numbers that the member sets up for authentication of the member identified by the ID to be registered with the KIPA.
2 Any term that is not defined in paragraph 1 among the terms used in these Terms may follow related laws and guidance on each service, or otherwise comply with customary practices.
Article 3 (Revision of Terms)
- 1 In the event that the KIPA revises the Terms, the KIPA shall post the revised Terms on the service screen or notify of the fact that the Terms have changed via email apresses provided by the members 7 days before the date on which the changes apply. The revised subject matter posted on the service site may be viewed by users through a connection screen.
- 1 In the event that the KIPA revises the Terms, the KIPA shall post the revised Terms on the service screen or notify of the fact that the Terms have changed via email apresses provided by the members 7 days before the date on which the changes apply. The revised subject matter posted on the service site may be viewed by users through a connection screen.
- 3 Members who do not agree to the changed Terms may request withdrawal from membership, and members who continuously use the services 7 days after the effective date of the changed Terms shall be deemed to have agreed to the changed Terms.
- 4 Any term that is not defined in these Terms and interpretation of these Terms shall follow related laws and regulations, and comply with customary practices.
Article 4 (Working rules besides provisions for use)
The KIPA may separately conclude a contract with a user as necessary, and in the event that such a separate contract is in conflict with these Terms, these Terms supersede the separate contract to be applied.
Chapter 2 Making contract of use
Article 5 (Establishment of contract of use)
- 1 The contract of use is established when a user agrees to the subject matter of the contract of use, and the KIPA accepts the request for use.
- 2 The contract of use shall be deemed to be established when the payment of the usage fees to the KIPA is completed.
Article 6 (Becoming member and request for use)
- 1 One who wants to use services shall indicate one’s agreement to these Terms, and provide personal or enterprise information corresponding to various information requested by the KIPA using the application form. In the event that the request for use is made available through telephone or email by the KIPA, the request for use may be made by the above means.
- 2 Membership can be applied for using a name, and the KIPA may take measures to verify such name. Members shall fully cooperate with the KIPA’s measures taken to verify their identities, and if a member fails to comply with this provision, the KIPA may regard the information registered by the member as unlawful.
- 3 Any member who does not register true and correct member information is not entitled to claim any rights in connection with the use of services, and in the event that the request for use is made using another person’s name, all information of the member will be deleted, and the member may be punished in accordance with related laws and regulations.
Article 7 (Approval and limitation of application for use)
- 1 The KIPA shall approve the use of the service after payment of the usage fees is confirmed, when the application for use is not made in violation of the procedures or when there is no business performance or technical obstacle to the customer applying for use under Articles 5 and 6.
- 2 In the event that the application for use falls under any of the following subparagraphs, the KIPA may postpone or suspend the acceptance of the same until the cause is resolved:
- In the event that the use was requested without providing the member’s true and correct information;
- In the even that a user who is in a competitive relationship with the services provided by the KIPA requests the use;
- In the event that any member does not pay the usage fees payable to the KIPA by the member, apitional charges or illegal evasion fees;
- In the event that a user by whom the use contract has been terminated in violation of the Terms of the KIPA requests the use;
- In the event that a member intends to use the services for illegal use;
- In the event that the KIPA has technical difficulties;
- In the event that there is no room in the KIPA’s equipment; and
- In the event that the use is not acceptable due to reasons attributable to the KIPA.
Chapter 3 Obligations of the parties of the contract and cooperation
Article 8 (KIPA’s obligations)
- 1 The KIPA shall not commit any act prohibited by the related regulations and the Terms, and shall exert every effort to provide continuous and stable services as determined by these Terms.
- 2 The KIPA shall take necessary measures for personal information of users and management thereof such that users can safely use SMART5.
- 3 The KIPA shall not disclose or distribute personal information of a user to a third party without consent of the user.
- 4 The KIPA shall repair or restore equipment without delay if any defects are found in the equipment or the equipment is lost to provide continuous and stable services, unless there are unavoidable reasons.
Article 9 (Member’s obligations)
- 1 The members shall comply with all matters, guidance on use of services and items of note stipulated in these Terms.
- 2 The members shall be obligated to manage their own IDs and passwords, and shall be fully liable for all results attributable to use of member IDs and passwords.
- 3 In the event that there is a change in the personal information of a member such as apress, telephone number, or email apress, the member shall be liable to notify the KIPA of the changed immediately, and the KIPA shall not be liable for any problem resulting from failure to proceed with the change.
- 4 The members shall be liable to pay the usage fees incurred from the use of the provided services.
- 5 The members shall not transfer or give the paid services to a third party without prior notice to the KIPA, nor shall they use them for the purpose of establishing pledge.
Article 10 (Cooperation)
- 1 The members may provide their opinions according to the KIPA’s request in order to use the services and stabilize them promptly.
- 2 The annual members shall provide internal self-assessment results and assessment related materials in order to improve system reliability and reflect characteristics in each field according to the KIPA’s request.
- 3 The annual members shall provide support and cooperation to develop customized services for improved convenience of the system.
- 4 The KIPA may train a patent management administrator for the annual members on how to use and apply the system.
Article 11 (Operation of council)
- 1 The KIPA may operate a council in which the annual members participate in order to stabilize the system services and improve reliability.
- 2 The council shall consist of a development and operation consultant and the annual members, and the purpose of the council is to stabilize the system, improve apitional functions, consult system development direction and use of the system, and gather opinions of the users..
- 3 The number of operations of the council may be frequently determined as necessary.
Article 12 (Protection of personal information and security maintenance)
- 1 The personal information of members provided to the KIPA shall not be provided to a third party by the KIPA without consent of the members for any purpose other than intended use, and the KIPA shall be liable for all matters resulting therefrom, which shall be applied except for the following cases:
- In the event that there is a request from a national agency pursuant to the provisions of relevant laws such as the Framework Act on Telecommunications;
- In the event that there is a request for the purpose of criminal investigation or there is a request from the Information Communication Ethics Committee; and
- In the event that there is a request according to procedures as prescribed by other relevant laws and regulations.
- 2 The members may request to read their own personal information possessed by the KIPA for review and correction, and the KIPA is obliged to immediately take necessary measures thereon.
Article 13 (Confidentiality)
- 1 Neither the KIPA nor the members shall leak to a third party or use for other purposes any secrets of the other party acquired in connection with the use of the system without prior consent of the other party.
- 2 The users shall not disclose any information obtained using the system to a third party for the purpose of making a profit in a manner of reproduction, transmission, publication, distribution, and broadcasting or allow a third party to use it without prior approval of the KIPA.
- 3 The users shall not disclose any confidential matters obtained in the process of using the system to a third party, and shall comply with the Public Records Management Act, the Enforcement Decree and Enforcement Rule of the same act, and provisions of security policy, and fully comply with matters and procedures required by the Korea Invention Promotion Association.
- 4 The users shall exert efforts to maintain security during and after use of the system, and in the event that leakage of matters regarding security or negligence of hanping the same causes a serious situation to be deemed to have occurred or to occur, these Terms may be terminated by the KIPA, and the users shall submit to whatever measures are taken.
Article 14 (Announcements and notices)
- 1 In the event that the KIPA provides announcements and notices to the members, the KIPA may post them on the main services that the KIPA provides or notify of them using the email apresses provided by the members. However, a member shall bear all liability and disadvantage arising from a false email apress entered by the member, and content posted on the service site may be viewed by users through a connection screen.
- 2 When the KIPA makes an announcement or gives a notice to an unspecified number of members, the announcement and notice may be deemed to have been given to the customers individually by posting them on the site or bulletin board for 5 days or longer.
Article 15 (Succession of member’s status)
- 1 Status of a member shall be succeeded for any of the following reasons:
- In the event that the status of a member is succeeded due to death of the member;
- In the event that the corporation merges with another corporation, and the existing corporation takes over the right of use;
- In the event that two or more corporations newly merge into one corporation, and the corporation takes over the right of use;
- In the event that one corporation is divided into two or more corporations, and one of the divided corporations takes over the right of use; and
- In the event that one corporation is divided into two or more corporations, and one of the divided corporations takes over the right of use; and
- 2 One who has succeeded the status of a member under the provisions of paragraph 1 shall notify the KIPA of matters falling under any of the following items:
- All changed information of the member;
- In the event that there is a change in billing apress, the new billing apress; and
- In the event that there is a changes in the usage fee payer, the new usage fee payer.
Chapter 4 Use of services
Article 16 (Scope of service usage and limitation thereof)
Article 17 (Service cut-off time and responsibility for use)
- 1 Unless there are business or technical problems of the KIPA, services shall be available for 24 hours a day all year round. However, the KIPA may temporarily suspend the services on days or at times designated by the KIPA for reasons of periodic maintenance and establishment and replacement of the system, and shall notify of temporary suspension of the services resulting from scheduled jobs in advance through the site.
- 2 The KIPA may temporarily suspend all or part of the services for any uncontrollable reasons such as an emergency checkup, establishment and replacement of the system, facility failure, congestion of service usage, a national emergency, power shortage, etc. without prior notice.
- 3 The KIPA may suspend the provision of all or part of the services after giving prior notice to the members when it is necessary for operation of the services such as reorganization of the services.
- 4 The KIPA shall not compensate for damage that the users or third parties suffer resulting from suspension of provision of the services for any of the reasons stipulated in paragraphs 1, 2, and 3. However, this provision shall not apply to a case resulting from the KIPA’s intention or gross negligence.
- 5 The users shall take responsibility for any damage arising from selection and use of the service materials without sufficient knowledge of the service usage fees and guidance on the contents of the provided services.
Article 18 (Usage fees and how to make payment of fees)
- 1 The amount of the services provided by the KIPA notified of on the site shall be deemed to be a definite amount.
- 2 Payment for the services provided by the KIPA may be made with one of the following payment methods:
- Payment made by credit card via electronic payment; and
- Payment made by account transfer via electronic payment.
- 3 In principle, a usage fee payer who pays usage fees shall be a member who uses the services. However, a third party may be a usage fee payer when it is acknowledged by the KIPA.
- 4 The usage fee payers under the provision of paragraph 3 shall pay the KIPA for the debts borne by users such as the service usage fees under these Terms with respect to the KIPA together with the users.
Article 19 (Claim for payment of usage fees)
- 1 The KIPA shall notify the usage fee payer of the payment of usage fees and unpaid balance 5 days before the due date.
- 2 In the event that two or more users have joint liability for the usage fees, only one of them is charged to make payment.
- 3 The KIPA may charge unpaid and outstanding fees plus the fees for the current billing-month.
- 4 Upon receipt of a request for payment of usage fees from the KIPA, a usage fee payer shall pay the usage fees by the due date. A user may select one of the methods set forth in Article 18, paragraph 2 as the specific payment method
- 5 In the event that the payment of the usage fees is overdue 3 months or longer from the due date, the member is registered as a bad credit member with the KIPA, and the KIPA shall not be liable for any disadvantage resulting therefrom.
Article 20 (Usage fees of annual member)
- 1 The service usage fees are to be paid upon signing the contract of use, and according to the grant of a right to use the services for each ID, and the details of the usage fees are as stipulated in SMART5’s usage fee rules.
- 2 The contract of use of annual members takes effect after confirmation of the payment of usage fees to the bank account designated by the KIPA.
- 3 The term and number of use for the ID of an annual member shall be limited according to SMART5’s usage fee rules.
Article 21 (Term of annual membership and extension of the term)
- 1 The duration of the annual membership shall be 12 months from the enforcement date.
- 2 An extension of the term of annual membership can be approved by the KIPA upon confirmation of the payment of usage fees by mutually giving a written notice within one month of the expiration date of the membership.
- 3 In order for apitional evaluation results exceeding the limit of use to be provided, apitional usage fees corresponding to the annual fees must be paid to the KIPA.
Chapter 5 Termination of contract and subscription withdrawal
Article 22 (Withdrawal and loss of membership)
- 1 Members registered as members under Article 5 and 6 may request withdrawal of membership from the KIPA at any time, and upon receipt of the request, the KIPA shall immediately process it.
- 2 In the event that any of the reasons falling under Article 7, paragraph 2 is found after the use of service is approved, the membership may be suspended and the contract of use may be terminated.
Article 23 (Termination of contract of use, etc.)
- 1 In the event that any member wishes to terminate the contract of use, the member shall terminate the membership using the membership withdrawal menu in the service. However, for any unavoidable reasons, the withdrawal of membership may be filed through the customer center of the KIPA via telephone, and here, the member shall fully cooperate with the KIPA for the procedures of authentication of the user of the services.
- 2 In the event that a member applies for termination of the services, the KIPA shall calculate the usage fees to charge them or refund the balance of deposit within 15 days after the termination.
- 3 All previous information of a member deleted resulting from the termination of membership is irrecoverable even if membership is regained at a later time, and the KIPA is not liable for a claim for compensation related to the termination. However, in the event that a member rejoins within a predetermined period of time determined by the service operation policy and thus information of the member is recoverable, the recovery shall be supported at the request of the member.
- 4 For any of the following reasons, the KIPA may determine a predetermined period of time or conditions to suspend the provision of the services, and if the reason for suspension is resolved within the term of suspension, the services shall be resumed:
- In the event that the balance of the deposit exceeds a permissible range determined by the operation policy;
- In the event that the KIPA is deemed to have caused damage to the system of the provided services;
- In the event that the obligation provision stated in these Terms is violated;
- In the event of reasons falling under Article 7, paragraph 2 during the term of service usage.
- 5 The KIPA may take measures such as immediate suspension of the services or termination in the case of any of the gross violations falling under the reasons stipulated in Articles 72, 17 and 234 without notice.
- 6 The KIPA may restrict the registration of a user who terminated the Terms for a predetermined period time determined by the operation policy.
Article 24 (Withdrawal of subscription and refund)
- 1 In the event that the KIPA is unable to provide the services and the usage fees are overpaid, necessary measures such as a refund of the overpaid amount within 7 days of the receipt of the service usage fees together with the notification of the reasons therefor shall be taken. However, in the event that the overpayment is made during the normal business process, the KIPA shall not be liable for the refund of the usage fees.
- 2 Even if the contract is signed by a user by making payment of membership fees and deposit after joining in order to use the services of the KIPA, the user may withdraw the contract within 7 days of the commencement date of the services after making payment, and may request the membership fees and deposit to be refunded.
- 1. Refundable: In any of the following cases, 100% of the amount is refundable:
- In the event that refund is requested for the services that are provided, but are not used within 7 days of the payment;
- In the event that a problem with the provided services is found, and continues for 24 hours (except for acts of God); and
- In the event that the request for refund is considered to be reasonable in view of general business practices.
- 2. Partially refundable: In any of the following cases, the balance of deposit after settlement of the service usage fees shall be refunded:
- In the event that 7 days have elapsed after making payment;
- In the event that the provided services are used to incur usage fees; and
- In the event that the refund is requested without a particular reason after making payment.
Article 25 (Collection of illegal evasion fees)
Those who illegally evade usage fees shall be subject to collection of twice the evasion amount.
Article 26 (Termination of Terms)
- 1 In the event that the KIPA or a user fails to provide full cooperation and obligations stipulated in this contract without a particular reason, either party may terminate these Terms.
- 2 In the event that the KIPA or a user becomes bankrupt or insolvent or goes into liquidation, either party may terminate these Terms.
- 3 The KIPA and the user may terminate this contract by mutual consent.
Chapter 6 Compensation for damage and other matters
Article 27 (Compensation for damage)
- 1 The KIPA shall take the responsibility to compensate for damage to a member arising from the negligence of the KIPA within three times the usage fees (limited to the usage fees for damage).
- 2 The KIPA shall not compensate for damage to a user or third party resulting from the suspension of services on the grounds stated in Article 171, 2, and 3.
Article 28 (Indemnity)
- 1 The KIPA shall not be liable for failure to provide the services due to acts of God or causes beyond its control corresponding thereto.
- 2 The KIPA shall not be liable for any defects in use of the services or damages arising from causes attributable to the member.
- 3 The KIPA shall be indemnified from any loss or disadvantage to the members resulting from failure of a member to be provided with services when the member uses the services due to a defect in a terminal that the member is in possession of or stop or suspension of normal provision of telecommunications by a telecommunication operator such as a key telecommunications business operator.
- 4 In the event that damage is caused by a defect in a user’s terminal, the KIPA shall not be liable for any damage resulting from provision of false personal information or email apresses.
- 5 The KIPA shall not be liable for the subject matter of materials posted or transmitted by the users.
- 6 The KIPA takes no responsibility for any disadvantage to the members resulting from nonfulfillment of the members’ obligations stipulated hereunder.
- 7 The KIPA shall not bear guarantee responsibility with respect to any site linked to this site, and thus shall not be liable for any dealings between members.
- 8 The KIPA shall not be liable for any damage resulting from the use of services provided for free to the members.
Article 29 (Copyright and restrictions on use)
- 1 Copyright of all the works made by the KIPA and other intellectual property rights thereto shall belong to the KIPA.
- 2 The members shall not use any information obtained using the services or allow a third party to use it in a manner of reproduction, transmission, publication, distribution, broadcasting and others for the purpose of making a profit without prior approval of the KIPA.
- 3 Distribution of various materials without prior content of the KIPA may be criminally punishable under the Copyright Act.
Article 30 (Jurisdiction and governing law)
- 1 Matters that are not specified in these Terms shall be in accordance with the related Korean laws and regulations such as the Telecommunications Business Act and standard business practice.
- 2 Matters that are not specified in these Terms shall be in accordance with the related Korean laws and regulations such as the Telecommunications Business Act and standard business practice.
- 3 In the event that a lawsuit is lodged in connection with use of the services, the dispute shall be referred to the court with competent jurisdiction over a principal place of the KIPA as the court of jurisdiction.