Terms of Use

Article 1 Purpose

These Terms set out the basic matters between Korea Merchants Group (the “Company” or “KMG”) and users in connection with the use of the website koreamerchants.com and the services provided through it (the “Platform”), including the rights and obligations of the Company and users, the conditions and procedures for using the services, and responsibilities.

Article 2 Definitions

The main terms used in these Terms are defined as follows.

1. “Platform” means the website koreamerchants.com and any mobile web or application operated by the Company.
2. “Services” means all services the Company provides to users through the Platform: searching and viewing vehicle information, translated inspection and insurance records, route and rate information, enquiries and quotes, brokerage of sales, shipment tracking and related notices.
3. “User” means a Member or Non-member who accesses the Platform and uses the Services under these Terms.
4. “Member” means a person who has agreed to these Terms and registered on the Platform. Members are classified as follows: (a) an “Importing Dealer”, a business outside Korea that has agreed to the Terms of Purchase and buys vehicles through the Company’s brokerage; (b) a “Korean Dealer”, a vehicle dealer in Korea that has agreed to the Terms of Brokerage and sells vehicles through the Company’s brokerage.
5. “Non-member” means a person who uses the Services without registering.
6. “Specific Terms” means the terms and policies the Company sets separately for individual services, in particular the Terms of Purchase and the Terms of Brokerage.
7. “Listing” means the information about a vehicle shown on the Platform, including photos, specifications, the inspection record, the insurance history and the price.
8. “Selling Dealer” means the Korean Dealer that owns a vehicle and sells it to an Importing Dealer through the Company’s brokerage.
9. Any term not defined in this Article has the meaning given in the Specific Terms, applicable law and general business practice.

Article 3 Posting and Effect of These Terms

1. The Company posts its company information — trade name, representative, address, contact details and business registration number — together with these Terms on the Platform so that users can easily check them.
2. These Terms apply to all users of the Platform. Transactions — buying a vehicle through the Company’s brokerage, or selling one — are governed by the Specific Terms. If the Specific Terms differ from these Terms, the Specific Terms prevail.
3. Matters not set out in these Terms, and their interpretation, are governed by the Specific Terms, applicable law including the Act on the Consumer Protection in Electronic Commerce and the Act on the Regulation of Terms and Conditions of the Republic of Korea, and commercial practice.

Article 4 Amendment of These Terms

1. The Company may amend these Terms to the extent permitted by applicable law.
2. When the Company amends these Terms it will announce the effective date and the reasons on the Platform from 7 days before the effective date. If the amendment is unfavourable to users, the Company will announce it from 30 days before the effective date and notify Members individually by email or similar means.
3. If the Company, when giving that notice, clearly states that Members will be deemed to have agreed to the amended Terms unless they object by the effective date, and a Member does not object, the Member is deemed to have agreed. A Member who does not agree may end the service agreement.

Article 5 Registration

1. Registration is completed when a user submits the information in the form set by the Company, agrees to these Terms and the applicable Specific Terms, and the Company confirms the registration by email.
2. The Company may request verification of identity or business status, such as a business registration certificate, an import licence or a trade reference, in accordance with applicable law and Company policy, and may decline to issue quotes until it has been provided.
3. The Company may refuse or defer a registration if the applicant entered false information, used another person’s name or information without authorisation, previously lost membership for violating these Terms or the law, is a person or entity with whom transactions are restricted under applicable sanctions or export-control law, or if there are technical or operational reasons.

Article 6 Member Information and Contact Details

1. If a Member’s registered information changes, the Member must notify the Company without delay.
2. The Company gives notices to Members by the email address or messenger handle the Member registered, or by in-service notification. Notices to Members in general may be posted on the Platform for at least 7 days instead of individual notice.
3. The Company is not responsible for a disadvantage that results from a Member’s failure to keep its contact details up to date.

Article 7 Withdrawal and Restriction of Membership

1. A Member may ask to withdraw at any time by email and the Company will process the request promptly. If a transaction is in progress, the withdrawal takes effect after that transaction has been completed or settled under the Specific Terms.
2. The Company may restrict or suspend a Member’s use of the Services or end the membership if the Member registered false information, engaged in an act prohibited by Article 12, interfered with the Services or other users, abused the Company’s staff, or otherwise violated these Terms, the Specific Terms or applicable law.
3. Before taking such a measure the Company notifies the Member; if urgent action is required it may notify the Member afterwards. A Member whose membership is ended may give an explanation within 30 days of the notice.
4. After withdrawal or termination, information that must be retained under applicable law, such as transaction records, is kept for the required period.

Article 8 Provision of the Services

1. The Company provides the following Services: (a) searching and viewing Listings; (b) translated inspection records, insurance histories and vehicle information; (c) route, transit-time and indicative freight information; (d) enquiries and quotes; (e) brokerage of sales under the Specific Terms; (f) shipment tracking and notices; (g) other services the Company determines.
2. As a rule the Services are available 24 hours a day. The Company may set separate service hours when necessary, for example for maintenance.
3. The Company may make different scopes of the Services available to Non-members, Importing Dealers and Korean Dealers.
4. Listings are read from the public record of the Korean dealer complex where the vehicles are kept and are updated at intervals. A Listing is an invitation to enquire, not an offer: a vehicle is sold only when the Selling Dealer confirms availability and the Importing Dealer accepts a quote under the Terms of Purchase.

Article 9 Changes to and Suspension of the Services

1. The Company may change or discontinue all or part of the Services for service improvement or operational or technical reasons. If this has a significant effect on Members, the Company will notify them in advance under Article 6.
2. The Company may temporarily suspend all or part of the Services for inspection, repair or failure of equipment, suspension of telecommunications services, force majeure such as natural disasters, national emergencies or power outages, or disruption caused by third parties.
3. If a suspension is expected, the Company announces it in advance unless circumstances prevent it. The Company is not liable for damage caused by a suspension unless it acted intentionally or with gross negligence.

Article 10 Obligations of the Company

1. The Company complies with applicable law and these Terms and makes its best efforts to keep the Platform available and accurate.
2. The Company protects users’ personal information in accordance with its Privacy Policy.
3. The Company does not send commercial advertising to Members without their consent to receive it.
4. The Company does not display vehicle plate numbers, chassis numbers, the identity of the Selling Dealer or its staff, or their contact details on the Platform; these are released to an Importing Dealer only when a quote is issued under the Terms of Purchase.

Article 11 Accuracy of Listings and Translations

1. Vehicle information, inspection records, insurance histories and inspector’s notes are shown as recorded by the Korean complex and the inspecting station. The Company checks that the six required inspection items — frame, engine, transmission, steering, accident history and flood damage — are confirmed before a vehicle is published, but does not itself inspect the vehicle unless the Specific Terms or a quote say so.
2. Vehicle names, inspection records and notes are translated automatically from Korean. The Korean original governs. Prices are shown in Korean won and converted to other currencies at a daily reference rate for information; the amount payable is the amount stated on the invoice.
3. Freight figures on the Platform are the logistics company’s indicative rates for the period stated and are not a quote. Transit times marked as measured are from the Company’s own shipments; others are the logistics company’s quoted ranges.
4. Country guides describe import rules as published by the sources cited on the date stated. It is the importer’s responsibility to check and comply with all customs regulations; the Company is not responsible for customs clearance or registration.

Article 12 Obligations of Users

Users must not do any of the following:

1. Register false information or use another person’s information without authorisation.
2. Collect, store or disclose other users’ or Selling Dealers’ information without consent.
3. Copy, crawl or redistribute Listings, photos or inspection records, or use the Platform’s information for commercial purposes, without the Company’s prior written approval.
4. Interfere with the operation of the Services through automated programs, hacking, malicious code or excessive requests.
5. Deal directly with a Selling Dealer, an Importing Dealer or a logistics partner introduced through the Services in order to bypass the Company, or encourage such dealings.
6. Trade or attempt to trade vehicles whose export is restricted under applicable law, stolen vehicles, or vehicles with falsified identification.
7. Impersonate the Company, or post content contrary to public order and morals.
8. Any other act that violates applicable law, these Terms or the Specific Terms.

Article 13 Intellectual Property

1. The Company’s name, marks, the design of the Platform, its translations, route data and texts belong to the Company. Users may not use them, or allow others to use them, without the Company’s prior approval.
2. Vehicle photos and the inspection and insurance records belong to the Selling Dealer, the inspecting station or the complex that produced them, and are shown on the Platform for the purpose of brokering sales.
3. Logos of partner organisations shown on the Platform belong to those organisations.

Article 14 Protection of Personal Information

The Company protects users’ personal information in accordance with applicable law, including the Personal Information Protection Act of the Republic of Korea. The collection, use, sharing and retention of personal information are governed by the Privacy Policy posted on the Platform.

Article 15 Limitation of Liability

1. The Company is a broker. It does not own, sell or carry the vehicles shown on the Platform. The contract of sale is between the Selling Dealer and the Importing Dealer, brokered by the Company under the Specific Terms; the contract of carriage is between the Importing Dealer and the logistics company.
2. The Company is not liable if it cannot provide the Services because of force majeure such as natural disasters, war, port or border closures, sanctions or communication failures.
3. The Company is not liable for service disruption caused by reasons attributable to a user.
4. The specific rights, obligations and liabilities in a transaction are governed by the Specific Terms and the individual quote, invoice and brokerage agreement, not by these Terms.
5. The Company is not responsible for the content or use of third-party websites linked from the Platform.

Article 16 Governing Law and Jurisdiction

1. These Terms are governed by and interpreted in accordance with the laws of the Republic of Korea.
2. Any dispute between the Company and a user in connection with the Services is subject to the jurisdiction of the competent court under the Civil Procedure Act of the Republic of Korea.
3. These Terms are prepared in Korean and English. If there is any inconsistency between the two versions, the Korean version prevails.