The purpose of these Terms of Service ("Terms") is to stipulate the conditions and procedures for using the SmartLink Service ("Service") provided by CyberLogitec Co., Ltd. ("Company"), as well as other necessary matters.
Article 2 (Definitions)
The definitions of terms used in these Terms are as follows:
① "SmartLink" refers to a virtual business platform established by the Company to facilitate transactions of goods and services using computers and other information and communication equipment in accordance with these Terms.
② "SmartLink Service" or "Service" refers to the activities performed by the Company, through SmartLink, based on requests from members for cargo transportation (logistics) and customs clearance services, and carried out following mutual agreement between the parties, in accordance with these Terms.
③ "Member" refers to a corporate business entity that has registered as a member of SmartLink website.
④ "Agreement" refers to the Company's standard SmartLink Service Agreement.
Article 3 (Effectiveness of Terms)
① The Company shall post these Terms on the SmartLink website (https://www.e-smartlink.com/) to ensure that the Members can easily review them.
② These Terms shall become effective when the Member reviews the Terms and agrees with it.
③ The Company may, at its sole discretion, modify, revise, or replace these Terms from time to time, provided that such changes do not violate the “Act on the Regulation of Terms and Conditions” (“Terms and Conditions Act”) and the “Act on Promotion of Information and Communications Network Utilization and Information Protection” (“Information and Communications Network Act”) and other relevant laws. The revised Terms shall also apply to the Members who joined prior to the revision.
④ When the Company revises the Terms, it shall specify the effective date, the contents of the revision, and the reasons for the revision, and notify the Members by the method described above from 15 days prior to the effective date of the revised Terms (30 days prior in case of changes that are unfavorable to or significant for the Members) until a considerable period has passed after the effective date.
⑤ If the Member fails to express refusal even though the Company has clearly announced or notified the Member of the revised terms and conditions and the Members does not express refusal within the 15-day period, the Member shall be deemed to have agreed to the revised terms and conditions.
⑥ If the Member does not agree to the application of the revised Terms, the Company may not be able to provide the Service to the Member, and the Company may terminate the Agreement with the Member.
Article 4 (Applicable Laws)
Matters not stipulated in these Terms shall be governed by the Terms and Conditions Act, the Information and Communications Network Act, and other relevant laws and regulations.
Article 5 (Conclusion and Termination of the Agreement)
① The Agreement is concluded when a party who wishes to become the Member completes the Agreement with the Company.
② The termination of the Agreement is completed when the Company and the Member mutually agree in writing to terminate the Agreement in accordance with the Agreement, and the Company takes the action to withdraw the Member's account.
Article 6 (Membership Registration)
① To register as the Member on the SmartLink website, the Member will complete the Agreement with the Company and submit the required documents and corporate information as requested by the Company. Unless there are special circumstances, the Company accepts membership applications on a first-come, first-served basis.
② The Company may reject a membership application if it is aware of any of the following:
1. The applicant does not apply under their own company name.
2. The registration application contains false information, omissions, or errors.
3. The applicant’s company is found to be in a state of delinquency, bankruptcy, or other similar credit insolvency.
4. It is determined that the applicant may harm public order or disrupt sound trading practices.
5. The application is made with the intent to disrupt the operation of the system.
Article 7 (Modification of Member Information)
① When modification of the Member information is necessary (e.g., account changes due to a change of contact person), the Member will inform the Company representative by email or in writing and submit the related documents.
② Upon verifying the submitted documents mentioned in paragraph 1, the Company representative shall promptly take action to modify the Member information and notify the Member through appropriate means once the modifications are completed.
③ The Company representative may request certain information from the Member to verify the authenticity of the documents mentioned in paragraph 1, and the Member will respond sincerely to such requests.
Article 8 (Notice of the Service Operation)
① If there is a substantial reason, the Company may post notices on the website in the form of pop-ups or announcements regarding the operation of the Services being provided, for operational or technical reasons.
② The Members shall regularly check the notices mentioned in paragraph 1, and the Company is not responsible for any damages incurred by the Members due to not checking these notices. However, if the notice pertains to changes in the Service rather than simple operational matters, the Company shall enter into a written agreement with the Member regarding the Service changes.
Article 9 (Priority of Terms and the Agreement)
In the event of any conflict between these Terms and the Agreement, the Agreement shall prevail to the extent of the conflict, and these Terms shall continue to apply to matters outside the scope of the conflict.
Article 10 (Provision of Information to Third Parties)
The Company may provide the Member's membership information, Carrier Code, Certificate of SCAC (Issued by NMFTA) Copy, and other necessary information for the requested customs services to customs authorities and shipping companies, subject to the Member's consent.
