1. Acceptance of terms.
The Site provides its service to users who have completed registration process
through the web Site, subject to the following Terms of Service ("TOS"), which may
be updated by us from time to time without notice to user. Users can review the
most current version of the TOS at any time at: http://www.swf- service.com.,
http://www.sunstarcs.com., http://www.sunstar.co.kr
2. Definition
a. Company shall mean SunStar Co., Ltd.
b. User shall mean customer, agent, and A/S man who completes registration
process through the Site. .
c. Site shall mean the web Site operated by Company to provide users with service.
d. Customer shall mean the person who purchases the product from Company or
the Agent.
e. Agent shall mean the distributor of Company which engaged the Distributorship
Agreement with Company.
f. A/S man shall mean the person who works for the Company or Agent, and
performs the A/S jobs for Company or Agent.
g. W24H CS SYSTEM SHALL MEAN "WITHIN 24 HOURS CS SYSTEM"
WHICH A/S MAN WILL RESPOND TO CUSTOMER'S A/S REQUEST
THROUGH THE SITE AT LEAST 24 HOURS FROM THE ACCEPTANCE
OF REQUEST. IT DOES MEAN NEITHER A/S MAN SHALL ARRIVE TO
CUSTOMERS NOR A/S MAN SHALL COMPLETE A/S WITHIN 24 HOURS
FROM THE ACCEPTANCE OF THE REQUEST.
3. Description of services
a. The Site currently provides users with services as listed below.
(1) Information about Company
(2) Information about products on sale by Company or Agent
(3) Other information provided by Company
(4) Service for customer
(5) Service for Agent
(6) Service for A/S man
b. The Site may add or change the service, when needed, without notice to users.
Unless explicitly stated otherwise, any new services added to or changed from
the current service shall be subject to the TOS. Users understand and agree that
the Service is provided "AS-IS" and that Company assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
4. Registration process
a. In consideration of user's registration of the Site, user shall request registration
of the Site by providing true, accurate, current and complete information about
user as prompted by the Site's registration form (such information being the
"Registration Data")
b. User also may register to the Site not through the Site but through the Agent by
requesting the registration of the Site to the Agent by mailing, faxing, e-mailing,
telephoning, or visiting.
c. Previous customers of Agents are automatically registered for the Site.
d. Customer user shall provide information for registration as listed below
(1) The name of customer company
(2) The name of user
(3) The registration number of customer company
(4) ID(Code)
(5) Password
(6) E-mail address
(7) Fax number
(8) Cellular phone number
(9) Address (Involving nationality and region)
(10) Telephone number
(11) Sewing Machine Information
5. Privacy policy
Registration Data and certain other information about user is subject to the Site
Privacy Policy. The Site does not rent, sell, or share personal information about user
with other people or nonaffiliated companies except to provide products or services
user's requested, when the Site has user's permission, or under the following
circumstances:
a. The Site provides the information to trusted partners who work on behalf of or
with the Site under confidentiality agreements. These companies may use user's
personal information to help the Site communicate with user about offers from
the Site and the Site's partners. However, these companies do not have any
independent right to share this information.
b. The Site respond to subpoenas, court orders, or legal process, or to establish or
exercise our legal rights or defend against legal claims;
c. The Site believes it is necessary to share information in order to investigate,
prevent, or take action regarding illegal activities, suspected fraud, situations
involving potential threats to the physical safety of any person, violations of the
Site's TOS, or as otherwise required by law.
d. The Site transfers information about user if the Site is acquired by or merged
with another company. In this event, the Site will notify user before information
about user is transferred and becomes subject to a different privacy policy.
6. User account, password and security
User will receive a password and account designation upon completing the Site's
registration process. User is responsible for maintaining the confidentiality of the
password and account, and is fully responsible for all activities that occur under
user's password or account. User agrees to (a) immediately notify the Site of any
unauthorized use of user's password or account or any other breach of security, and
(b) ensures that user exit from user account at the end of each session. The Site
cannot and will not be liable for any loss or damage arising from user's failure to
comply with this Section.
7. Role of Company
a. Company shall endeavor to provide the service consistently and safely as stated
in this agreement.
b. Company shall endeavor to maintain the Site system to provide the service
consistently and safely and to repair the Site system without hesitance in case of
Site system failure.
8. Role of Customer
a. Customer may register A/S problem using the Site.
b. Customer may check A/S call status (Request, Confirmation, Notified technician,
Moving, Processing) using the Site.
c. Customer may always get the Service Center information through Tel, Fax, E-
mail, The Site.
9. Role of Agent and A/S man
a. Agent and A/S man shall respond to customer's A/S requests through the Site at
least 24 hours from the moment of receiving the request.
b. IN CASE THAT THE AGENT OR A/S MAN HAS FAILED TO COMPLY
WITH THE OBLIGATION STATED AS "A", COMPANY MAY RESTRICT
USE OF SITE OF THE AGENT OR A/S MAN.
10. Indemnity
User agrees to indemnify and hold Company, and its subsidiaries, affiliates, officers,
Agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of information user submit, post, transmit or make available through the
Site, user's use of the Site, user's connection to the Site, user's violation of the TOS,
or user's violation of any rights of another.
11. No resale of service
User agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access to the
Site.
12. Termination
a. User agrees that Company may, under certain circumstances and without prior
notice, immediately terminate the Site account, any associated email address,
and access to the Site.
b. Cause for such termination shall include, but not be limited to,
(1) user's providing any information that is untrue, inaccurate, not current or
incomplete
(2) breaches or violations of the TOS or other incorporated agreements or
guidelines,
(3) requests by law enforcement or other government agencies,
(4) a request by user (self-initiated account deletions),
(5) discontinuance or material modification to the Site (or any part thereof), due
to repair, replacement, malfunction, or disconnection of the Site due to repair,
replacement, malfunction, or disconnection of the system.
(6) unexpected technical or security issues or problems
13. Proprietary right of Company
a. User acknowledges and agrees that the Site, any necessary software used in
connection with the Site("Software"), and any information presented to user
through the Site contain proprietary and confidential information that is
protected by applicable intellectual property and other laws.
b. User further acknowledges and agrees that information presented to user through
the Site is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws.
c. Except as expressly authorized by Company, user agrees not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Site, the
Software, or any information presented to user through the Site in whole or in
part.
d. Company grants user a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided that
user does not (and does not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software.
e. User agrees not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for the purpose
of obtaining unauthorized access to the Site.
f. User agrees not to access the Site by any means other than through the interface
that is provided by Company for use in accessing the Site.
14. DISCLAIMER OF WARRANTIES
USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
a. USER'S USE OF THE SITE IS AT USER'S SOLE RISK. THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE IS DONE AT USER'S OWN
DISCRETION AND RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY USER FROM COMPANY OR THROUGH OR FROM THE
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
15. LIMITATION OF LIABILITY
a. IN NO EVENT SHALL COMPANY BE LIABEL TO USER FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES INCIDENT TO, ARISING OUT OF, IN
CONNECTION WITH, OR RESULTING FROM ITS PERFORMANCE OR
FAILURE TO PERFORM RELATING TO SERVICES PROVIDED BY THE
COMPANY.
b. USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY
SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE;
16. NO THIRD PARTY BENEFICIARIES
User agrees that, except as otherwise expressly provided in this TOS, there shall be
no third party beneficiaries to this Agreement.
17. NOTICE
Company may provide user with notices, including those regarding changes to the
TOS, by either email, regular mail, or postings on the Site.
18. Choice of Law and Forum
The TOS and the relationship between user and Company shall be governed by the
laws of the Republic of Korea without regard to its conflict of law provisions. All
disputes or differences arising between the parties, out of in connection with this
TOS, whether based on contract, tort, or other legal theory shall be exclusively
brought in the Seoul District Court of Korea.