| Service Agreement
Chapter 1: General Provisions
Article 1 (Purpose):
The object of this Service Agreement (hereinafter referred to as ¡°the
Agreement¡±) is to define the necessary terms, conditions and procedures
for use of the Asiana Cargo Internet homepage (hereinafter referred to
as "asianacargo.com") operated by Asiana Airlines, Inc. (hereinafter
referred to as ¡°Asiana¡±).
Article 2 (Definition):
(a) "asianacargo.com" represents a virtual business venue designed
to enable online
members to use Asiana Cargo¡¯s services and products and perform cargo
service
transactions through telecommunications devices such as computers, etc.
(b) ¡°Members¡± are those entities who use Asiana services by accessing
the asiana cargo.co.kr site in accordance with the terms of the Agreement.
(c) ¡°Asiana Link Site¡± indicates websites that are connected with the
asianacargo.com site in a hyperlink format. The hyperlinks may include
text, and still and streaming video images.
(d) ¡°Private Information¡± represents any information that allows for the
identification of a specific individual through such things as a given
name, the code of an authorized dealer shop, a cellular phone number,
and/or an e-mail address. It also includes information that may be combined
with other information to identify a specific individual, if Asiana is
unable to identify the specific individual by the above-mentioned original
information only.
Article 3 (Modifications to the Agreement):
(a) The Agreement is located at the site asianacargo.com.
(b) Asiana may modify the contents of the Agreement when such modification
is considered by Asiana to be necessary due to important business factors,
and/or for any other legitimate reason. Upon such revision, Asiana shall
post the facts relating to the revision and the revised Agreement at the
site asianacargo.com.
(c) The revised Agreement shall continue in effect under the same terms
and conditions as indicated in the Articles of the Agreement.
Article 4 (Standing Rules):
(a) Any other matter that is not covered in the Agreement shall be governed
by the
Basic Law of Electronic Commerce, Law of Electronic Signature, Law of
Door-To-Door Sales and/or any other relevant laws and regulations.
(b) Any other matter that is not covered in the Agreement shall be governed
by the Law of Air Cargo and the Air Cargo Service Agreement.
Chapter 2. Agreement for Use of Service
Article 5 (Subscription to the Asianacargo.com ):
(c) Those who want to become a registered member of the site asianacargo.com.
shall be required to provide all necessary personal information required
by Asiana.
(d) All information provided via the online membership application form
will be
considered as true data. Applicants who do not provide all of the required
information e.g. name, cargo dealer shop codes, cellular phone number,
e-mail address, etc. will not be protected by law. Furthermore, their
access to the full services of the site may be restricted.
(e) Asiana shall not accept the membership application of any person to
whom any of the following conditions apply, and even in the case where
the membership application happens to be accepted in error, the service
agreement shall be nullified. Therefore, Asiana can deny any responsibility
under the agreement at any time.
i) if someone subscribes to the website using the name of another person,
or a false name;
ii) if any data provided via the online membership application form is
proved to be false; or
iii) if someone subscribes to the website with the objective of violating
the public policy or offending common morals and good manners.
Article 6 (Access to Service and Restrictions):
(a) The service will be available 24 hours per day and 365 days per year.
(b) The service offered by asianacargo.com may be temporarily suspended
for system maintenance or repair, system malfunction, communications service
interruption, and for any other reason beyond reasonable control by Asiana.
(c) Asiana shall not be liable for any loss, cost or expenses incurred
to any registered member of the site or any third party arising out of
or in connection with service suspension caused by any of the reasons
stated above, save to the extent such loss, cost or expenses is directly
caused by gross negligence or willful misconduct of Asiana.
(d) Some of the services offered by asianacargo.com can be used only by
providing identifying data and passwords authenticated by Asiana.
Article 7 (Membership Eligibility):
(a) Only air cargo dealers that have a valid agreement with Asiana or
an employee of such dealer are allowed to become a registered member of
asianacargo.com.
(b) The membership shall be approved by Asiana in accordance with the
membership eligibility requirements set by Asiana.
Article 8 (Membership Withdrawal and Disqualification):
(a) Those who desire to cancel or withdraw their membership can apply
for such
withdrawal using the ¡°Membership Information Alteration¡± section of asianacargo.com.
This membership withdrawal process is applicable to Internet members only.
(b) In the case of death, the membership will be immediately null and
void.
(c) Asiana may cancel membership under any one or more of the following
circumstances.
i) if any of the data in the online membership application form is proved
to be false;
ii) if a member interrupts the operation of the asianacargo.com website
and alters the information provided by asianacargo.com;
iii) if a member violates any part of the Agreement; or
iv) if the continuation of membership is considered to be inappropriate
by Asiana.
Article 9 (Notifications):
(a) If Asiana needs to send a notification to each and/or every individual
member, the
notification can be transmitted through e-mails, post or any other means
chosen by
the respective individual members.
(b) When Asiana sends a notification to many unspecified persons, Asiana
may post the notification in the ¡°New¡± section of asianacargo.com. Such
posting will substitute for the individual notifications described in
Article 9(a) above.
Chapter 3 : Obligations
Article 10 (Information Service Methods):
(a) Asiana reserves the right to send members a variety of event information
and
service guides through e-mail, post, cellular short text message service,
or any other means.
(b) In the case that members do not wish to receive such information,
they can refuse the receipt.
Article 11 (Protection of Personal Information):
(a) Asiana shall collect minimum personal information on need-to- know
basis pertaining to individual members. For this purposes, the following
information is considered required to obtain full status as registered
member, and all other information optional.
i) Korean name (necessary for subscribing to asianacargo.com)
ii) Authorized dealer code (necessary for subscribing to asianacargo.com)
iii) Cellular phone number (necessary for subscribing to short text message
service and transmitting notifications)
iv) E-mail address (necessary for subscribing to asianacargo.com and transmitting
notifications)
(b) Asiana shall obtain a member¡¯s consent in the case of disclosing
such member¡¯s personal information to third parties. Exceptions are as
follows:
i) if disclosure is required by any relevant laws and regulations;
ii) if disclosure is required by a government agency;
iii) if disclosure is required by the Korea Internet Safety Commission;
iv) if disclosure is required for Asiana to settle the service fee with
a member or members
v) if disclosure is required to fulfill the terms of an electronic commerce
transaction agreement
(c) Members can check their personal information, and request modification
or deletion of the information, at any time. Upon the receipt of such
a request, Asiana shall attempt to satisfy that request at the earliest
convenience.
(d) If the purpose for collecting or receiving a members¡¯ personal information
becomes non-existing, annulled or invalidated, that information shall
be immediately destroyed .
Article 12 (Asiana¡¯s Obligations):
(a) Asiana shall make its utmost effort to continuously and stably provide
the services as
indicated in this Agreement.
(b) Asiana shall take all reasonable technical measures to ensure the
security of any information including members¡¯ financial or credit information.
(c) Asiana will develop its Internet services to maximize customer satisfaction
by upgrading its level of services through constant research and development.
Asiana will also focus on maintaining the safety and reliability of its
electronic commerce by conducting fair and sound business operations.
(d) Asiana will not guarantee the reliability and accuracy of any online
advertisements regarding marketing activities, airline services and reservations,
etc. other than material offered directly by Asiana (hereinafter referred
to as ¡°material¡±), whether are included in, distributed by asianacargo.com,
or disclosed by accessing to, downloading from, or linking with, any other
online service shown in asianacargo.com. Asiana will not be responsible
for any loss incurred directly, indirectly, incidentally or unexpectedly,
by use of such material.
(e) Asiana will not be responsible for the reliability and accuracy of
content such as information, material and facts, which are placed by members
on the ¡°Notice Board¡± section of asianacargo.com.
Article 13 (Members¡¯ Obligations):
(a) Members shall comply with Asiana¡¯s instructions that include relevant
laws and regulations, the Agreement, user guide and notices.
(b) Applicants shall fill in the membership application form honestly
and in good faith. Upon occurrence of changes in information members shall
promptly modify such changes via online input. Members shall be responsible
for any loss or damages resulting from the failure to update information.
(c) Members shall not assign or transfer their membership status or online
service authority to a third party.
(d) Members shall agree to receive Asiana¡¯s e-mails regarding online services.
(e) Members shall not:
i) register false content when furnishing or modifying their personal
information;
ii) make unauthorized alteration of content placed in asianacargo.com;
iii) resell or use the content for commercial purposes by reproducing
and/or duplicating all or part of the content placed in asianacargo.com;
iv) place or transmit information (including computer programs) without
Asiana¡¯s authorization;
v) infringe Asiana¡¯s intellectual property rights, and/or any third party¡¯s
copyright;
vi) interfere with the operation of asianacargo.com;
vii) interruption of Asiana¡¯s services, or defamation of Asiana¡¯s and/or
third-parties¡¯ characters or reputations;
viii) place or disclose information in asianacargo.com. in contravention
of law or public morality. This includes obscene and threatening messages,
text or voice, and streaming videos;
ix) offer sale of goods or services in asianacargo.com; or
x) commit other acts that are considered to be inappropriate by Asiana.
(f) Asiana reserves the right, but has no obligation, to delete information
and/or remove linkages to the websites that are deemed inappropriate at
its sole discretion without notice to the person who placed the information
on asianacargo.com.
Article 14 (Termination and Service Restriction):
(a) Asiana can suspend service to, or terminate the Agreement without
prior
approval of, any member found to have committed any of the following acts:
i) Violation of the public policy, common morals or good manners;
ii) All acts that are considered to be, or related to, criminal acts.
iii) Use of the service for the purpose of damaging the public interest;
iv) Misuse or abuse of another member¡¯s identification information and/or
password;
v) Acts for the purpose of causing damages to or defamation of any other
person;
vi) Dual subscription to asianacargo.com twice by using two different
identifications;
vii) Interruption of Asiana¡¯s services or other members¡¯ service use;
or
viii) Violation of Asiana¡¯s rules as stated in the Agreement, or violation
of any other relevant law and regulations.
(b) If a member¡¯s service agreement is terminated for any of the above-mentioned
reasons, Asiana shall not be responsible for that member¡¯s or any third-party¡¯s
loss or damage caused by such termination.
Chapter 4 : etc.
Article 15 (Assignment of Copyright):
(a) Intellectual property rights and other copyrights of Asiana¡¯s asianacargo.com
site shall remain with Asiana.
(b) Members shall not duplicate, transmit, publish, distribute or broadcast
the information acquired from asianacargo.com, or permit any third party
to utilize the information for any commercial purpose, without prior approval
of Asiana.
However, Members may utilize the information for their own personal purposes.
Article 16 (Dispute Resolution):
(a) Asiana has in place the Damage Compensation Committee (under the authority
of
Asiana¡¯s Customer Center) to resolve Members¡¯ complaints or comments and
to compensate for any damages and/or losses wrongfully incurred by Members
in good standing.
(b) If Members who have complaints or comments about Asiana¡¯s service
can submit them to Asiana¡¯s Customer Center.
(c) Asiana puts the highest priority on resolving members¡¯ complaints
or comments if they are deemed to be fair and reasonable by Asiana. If
Asiana is not in the position to manage the complaints in a timely manner,
it will immediately give notice to the complainant stating the reason
for delay and estimated time for resolution.
Article 17 (Jurisdiction):
Members and Asiana agree to submit themselves to the Seoul District Court
in Korea for any legal controversy in connection with the Agreement.
(Supplementary Provisions)
This Agreement shall be in force and effect from the 1st of January 2006.
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