UTILITY

TERMS AND CONDITIONS

CHAPTER 1. GENERAL PROVISIONS
Article 1. Purpose

The purpose of these terms of use (the “Terms of Use”) shall be to set forth basic information regarding the conditions and procedures for using one combined ID and password of the User and rights, obligations and other matters between the internet site and the Users for the purpose of using the internet services (the “Services”) provided by Nexen Tire Co., Ltd. (the “Company”) on its website address of www.nexentire.com.

Article 2. Effect and Change of the Terms of Use
  1. 1. The terms of the Terms of Use shall be available on the screen of the Services and notified to the Members of such terms through other means. The terms shall become effective after the Users who agreed to the Terms of Use sign up for membership of the Company.
  2. 2. The Company shall place the terms of the Terms of Use, name of Company, branch, address, name of representative, business registration number, and contact information (phone number, fax, email address, etc.) on the first page of its website in order for the Users of the website to acknowledge such Terms of Use.
  3. 3. If the Company acknowledges that it is deemed necessary, the Company may change the Terms of Use, and in case of change of the Terms of Use, the Company shall promptly notify the Users about such change through the means set forth in Paragraph 1 above; provided, however, the change of material provisions of rights or obligations of Users shall be notified to Users at least seven (7) days prior to such change.
  4. 4. If a Member does not agree on the changed Terms of Use, such Member may suspend using the Services and terminate the agreement for use; provided, however, notwithstanding the Member’s objection to the change, if such Member does not terminate the agreement for use within thirty (30) days after the Company notifies about such change through the means set forth in Paragraph 1 above, it shall be deemed that such Member agreed on the changed Terms of Use.
Article 3. Compliance with Laws

Any other terms that are not provided in the Terms of Use shall be complied with under the relevant laws, including the Framework Act on Telecommunications, the Telecommunications Business Act, Fair Trade Act, or the commercially acceptable practice.

Article 4. Definition

The words being used in the Terms of Use shall have the following definitions:

  1. 1. "Website": Website that is managed by a business entity or the Company to engage in various business transactions relating to goods and services through the use of communications device (such as computer) in order to provide the goods and services to its Users. Website shall be www.nexentire.com, which provides the Services upon using the combined ID and Password. Website also includes a business entity that operates the Website.
  2. 2. "Users": Members and Non-members who log on to the Website and avail of the Services being provided on the Website pursuant to the Terms of Use;
  3. 3. "Members": A customer of the Company who has obtained the ID and Password upon logging on to the Website and agreeing on the Terms of Use and who is allowed to continuously use the Services being provided on the Website;
  4. 4. "Non-members": A person who uses the Services being provided on the Website without signing up for the membership;
  5. 5. "ID": A combination of letters and numbers that a Member chooses for the use of Services and that is used to distinguish such Member from other members, and such combination is subject to the approval of the Company;
  6. 6. "Password": A combination of letters and numbers that the Member chooses to protect his/her privacy and that is used to confirm whether such Member is the correct Member with the ID granted to the Member; and
  7. 7. "Withdrawal": The Company or a Member terminates the agreement for use.
CHAPTER 2. AGREEMENT FOR USE OF SERVICES
Article 5. Establishment of Agreement for Use
  1. 1. When the Member clicks the “Agree” icon for the inquiry regarding “Do You Accept these Terms of Use?”, it shall be deemed agreed on the Terms of Use.
  2. 2. The Terms of Use shall become effective when the Company approves the application for use of and access to the Services after a potential User of the Services agrees on the Terms of Use.
Article 6. Application for Use of Service
  1. 1. The application for use of and access to the Services shall be deemed completed when the User types in and submits all the personal information of such User as requested in the membership application form provided by the Company, available on the page of the Website for the new members.
  2. 2. All the personal information of the Users as provided in the membership application form shall be deemed to be the true and actual data. The Users not providing the real names or actual data of such Users shall not be protected under the relevant laws and may be restricted in accessing the Services.
Article 7. Approval on Application for Use
  1. 1. The Company approves the membership application submitted by the customers who filled in, for use of the Services, the personal information accurately as set forth in Article 6 above.
  2. 2. The Company may withhold its approval on the membership application until the resolution of any of the following causes that may prevent the Company from approving the membership application.
    1. a. if there is no sufficient equipment available for the Services;
    2. b. if there is a technical impediment for the provision of the Services; or
    3. c. if the Company acknowledges that withholding of its approval is necessary.
  3. c. if the Company acknowledges that withholding of its approval is necessary.
    1. a. if an applicant uses another person’s name and applies for the membership;
    2. b. if an applicant falsely fills in the personal information and applies for the membership;
    3. c. if an applicant applies for the membership with the intention or purpose of obstructing the social welfare and order or social morals and traditional custom; or
    4. d. if an applicant fails to fulfill the conditions for the membership as provided by the Company.
Article 8. Change of Personal Information of Users

In cases where a certain Member’s personal information as provided at the time of applying for the membership is changed, the Member shall change the relevant information online. If any incident occurs due to the failure of changing the relevant information, then such User shall be responsible for any damage incurred due to the occurrence of such incident.

CHAPTER 3. AVAILABILITY AND USE OF THE SERVICES
Article 9. Combined Membership
  1. 1. The Member is entitled to use the Services provided by the Website as set forth in Article 4.1 above, upon using the combined ID and Password.
  2. 2. The Company may request the Member for separate or additional steps for the membership application in order to provide such Member with other specific Services on the part of the Website. In case of using such specific Services, the terms of use, regulations or other rules applicable to such Website or Services shall prevail over these Terms of Use.
  3. 3. The Company may manage the combined membership (including ID), or improve or change the Website or Services to enable its Members to easily use the Website and Services.
  4. 4. In case of increase or decrease in the number of Services on its Website after the initial application for the membership of the Website, these Terms of Use shall apply unless otherwise provided in separate terms, and the Company may notify or send email to the Members about the information concerning the availability of the new Websites or Services on its Website.
Article 10. Provision of Information

The Company may provide its Members with various information acknowledged by the Company as deemed necessary for the purpose of using the Services by its Members, by means of email or registered mail, and if any Member does not want to receive such information, then such Member may select to refuse to receive the information on the applicable menu in the membership application and personal information.

Article 11. Transaction with Advertising Agencies

The Company shall not be liable for any losses or damages incurred as a result of Member’s communication or transaction with advertising agencies through participation of the Members as provided on the Services or through the Services.

Article 12. Members’ Posting of Materials

In cases where the Company determines that any of the following applies to the information posted, emailed or delivered by its Member through the Services, the Company may delete such information without prior notice to the Member and shall not be liable for any damages incurred as a result of such information:

  1. 1. A Member defames the Company, other Member or a third party, invades privacy of the Company, other Member or a third party or causes damage to such party’s reputation through defamation;
  2. 2. Such information impedes or threatens to impede the stable and safe operation of the Services provided by the Company;
  3. 3. It is acknowledged that such information is relating to a criminal act;
  4. 4. Such information infringes the intellectual property rights of the Company or other rights (including intellectual property rights) of a third party;
  5. 5. Such information is not related to the Services provided by the Company;
  6. 6. Such information has been posted on the Website, exceeding the posting period as set by the Company; or
  7. 7. The Company determines that such information violates or breaches the applicable laws and guidelines of the Company.
Article 13. Rights and Obligations of Posting Materials
  1. 1. Any and all intellectual property rights on certain works as prepared and posted by the Company and posted on the Website or Services shall revert to the Company.
  2. 2. Any and all rights and responsibilities (including the intellectual property rights on posting information) shall revert to the Members who have posted such materials on the Website.
Article 14. Contents of Email
  1. 1. The Company shall not edit or monitor any email contents provided by its Members, and each Member shall be responsible for his/her email.
  2. 2. The Members shall not send obscene materials, junk mail, spam mail or emails to other parties, as such email contents may be harmful to other parties or detrimental to social morals.
  3. 3. Pursuant to Article 53 of the Framework Act on Telecommunications, Article 16 of the Enforcement Decree of the Framework Act on Telecommunications and Article 53.3 of the Telecommunications Business Act, any Member who sends obscene materials to other persons shall be statutorily liable for the damages incurred due to the sending of such obscene materials whereas the Company shall not be liable for such damages.
  4. 4. Any ID and email of a Member who damages other person or social morals upon using the Services shall not be protected under the applicable laws.
Article 15. Hours for Use of Services
  1. 1. The Services are available for 24 hours each day all year round unless there is the occurrence of business or technical troubles, technical hindrance or other special cause occurs; provided, however, if inspection, repair, change, breakdown or communication hindrance is likely to have an effect on the use of the Services, then the Company may partially or completely suspend the use of the Services.
  2. 2. The Company may separately provide the hours for using a certain type of service and in such case, the Company shall notify the Members of such hours for use.
Article 16. Responsibility of Use of Services

The Members may not engage in any business activities to sell illegal products upon using the Services and may not engage in other illegal activities, which include but are not limited to hacking, commercial advertising, commercial activity through obscene website and illegal distribution of commercial software. A Member shall be held liable for all the damages incurred due to the breaching of any of the aforementioned, and the Company shall not be liable for such damages.

CHAPTER 4. OBLIGATIONS OF THE PARTIES
Article 17. Obligations of the Company
  1. 1. The Company shall have obligations to systematically and securely provide the Services to the customers in compliance with these Terms of Use.
  2. 2. The Company may not disclose or distribute any Personal Information of the Members, as obtained in connection with the Services, to a third party without the prior consent of the relevant Member unless such Personal Information may be disclosed in compliance with the proper statutory procedures set forth under the applicable laws to the relevant government authorities or the Korea Communications Standards Commission, at their request, for the purpose of inspection under the relevant laws.
  3. 3. The Company may prepare and use the statistical data, to the extent of Paragraph 1 above, regarding all or some parts of Personal Information without the prior consent of the relevant Member in connection with the Company’s services and transmit the cookie of the Members through the Services. In such case, the Members may refuse to transmit such cookie or change the setup of the browser of computers being used to warn about the transmission of such cookie, and in case of the change of use of the Services due to change of the setup of cookie, the Members shall be responsible for such change of use.
  4. 4. The Company shall comply with the applicable laws (the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Protection of Communications Secrets Act and the Telecommunications Business Act) in order to operate and maintain the Services.
Article 18. Obligations of Members
  1. 1. The Members shall not carry out any of the following activities while using the Services:
    1. a. Provision of false information upon applying for use or change of the Services, or theft or illegal usage of other Member’s ID;
    2. b. Copying, distribution, or commercial usage of the information of the Services without the prior approval of the Company;
    3. c. Infringement of intellectual property rights of the Company and a third party and other rights thereof;
    4. d. Distribution of information, phrase, pictures, etc. to a third party in violation of the public policy and social morals;
    5. e. Registration, upload, or distribution of data with computer virus that may cause malfunction or error of equipment relating to the Services or that may damage and disturb the stored information;
    6. f. Transmission of information that may intentionally interfere with the operation of the Services, information that may interfere with the secured operation of the Services or advertising information that is against the recipient’s explicit refusal of receiving such information; or
    7. g. Defamation of reputation of a third party or causing injury to a third party’s interest.
  2. 2. The Members shall comply with the applicable laws, the provisions set forth in these Terms of Use, instruction for use of the Services and other precautionary matters.
  3. 3. The Members shall comply with the matters that are posted by the Company or the provisions regarding the prohibited use as separately notified by the Company.
  4. 4. The Members may not carry out any activity for profit-gaining upon using the Services without the prior approval of the Company.
Article 19. Obligations and Responsibilities of Members regarding the Management of ID and Password
  1. 1. Each Member shall be responsible for his/her own ID and Password. A Member shall be held liable for any and all consequences incurred due to the negligent management and illegal use of ID and Password as provided to such Member.
  2. 2. In cases where a Member is aware of or acknowledges that his/her ID and Password has been stolen or being used by a third party, the Member shall promptly notify the Company about such matter. In this regard, if the Company provides the Member with a certain instruction to deal with such matter, the Member shall comply with given instruction.
Article 20. Notice to Members
  1. 1. The Company may notify its Members through their respective email address or mobile phone number or through other means of communications as provided by such Members to the Company.
  2. 2. In case of notice to uncertain number of Members, the Company may post the notice on its Website instead of sending individual notice to the Members.
Article 21. Protection of Personal Information

The Company shall endeavor to protect the Personal Information (including the application information for membership) of the Members in compliance with the applicable laws. The applicable laws and the protection policy of Personal Information of the Company shall apply to the protection of the Personal Information of the Members; provided, however, that the protection policy of Personal Information shall not apply to the website linked from other websites (other than the Website of the Company). Also, the Company shall not be responsible whatsoever for any information disclosed to a third party due to a reason on the part of a Member.

Article 22. Protection of Personal Information

The Company shall perform the business services (the “Business Services”), such as handling and management of Personal Information as collected by the Company; provided, however, that all or any Business Services may be delegated by the Company to its designee, if deemed necessary.

CHAPTER 5. MISCELLANEOUS
Article 23. Termination and Restrictive Use
  1. 1. If a Member wishes to terminate these Terms of Use, such Member shall request the Company for termination of the Terms of Use in accordance with the terms for termination available on the Website or as provided by the Company.
  2. 2. In any event that a Member fails to perform his/her obligations as set forth in Article 18, the Company shall terminate these Terms of Use without prior notice or may suspend its Services for a certain period of time as set forth by the Company.
Article 24. Indemnification
  1. 1. In case of national emergency, acts of God or other similar event of force majeure, the Company shall not be responsible for the availability of the Services.
  2. 2. In cases where there is an error or interruption regarding the Services due to a fault on the part of a Member, the Company shall not be responsible for such error or interruption.
  3. 3. The Company shall not be responsible for any failure by a Member to gain the expected benefits from the Services or any damages incurred due to use of information available on the Services.
  4. 4. The Company shall not be responsible for the correctness and accuracy of the information, date, and details posted on the Services by the Members.
  5. 5. The Company shall not be responsible for any damages sustained by a Member in connection with the Services that are free of charge.
Article 25. Jurisdiction and Governing Law
  1. 1. Any and all disputes arising between the Company and a Member out of or in relation to the Terms of Use shall be resolved upon consultation between the Company and the applicable Member in good faith.
  2. 2. Any matters not resolved upon the consultation set forth in Paragraph 1 above shall be submitted by the Company and the applicable Member to the Seoul Central District Court which has exclusive jurisdiction over such matter.
  3. 3. These Terms of Use and a lawsuit relating to these Terms of Use shall be governed by and construed in accordance with the laws of Korea. .