Welcome to the website https://www.hyunkookparts.com/ (the “Website” or “hyunkookparts”) owned and operated by hyunkookparts(“hyunkook” or “we”) On our Website we provide with the unified system for finding and purchasing spare parts for heavy equipment. We bring together buyers and suppliers from all over the world to participate in our system that provides functionalities required to drive profit and customer satisfaction.

The following Terms of Service (the “Terms”) describe the terms and conditions applicable to your access and use of our Website. This agreement sets forth the legally binding terms and conditions for your use of the Website and services provided by hyunkook.

By using our services in any manner, including but not limited to visiting or browsing the Website (the “Services”), you (the “user” or “you”) agree to be bound by this agreement, Privacy Policy and any other additional terms and conditions and policies referenced herein and/or available by hyperlink. This agreement applies to all users of the Services, including without limitation, users who are suppliers, buyers and visitors on the Website.

Hyunkook for Purchasing Spare Parts

Our Website is a venue that offers the opportunity to find, buy and sell spare parts for heavy equipment. Hyunkook is not directly involved in the transaction between buyers and suppliers, and we have no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to pay for items.

 We are constantly changing and improving our Services. We may add or remove certain functionalities and features on the Website at any time.

 We cannot guarantee that a user of the Website provides you with true identity, age and other information, that is why we encourage you to communicate directly with suppliers and buyers.

Acceptance and Modifications

You agree that we may update the Terms at any time and in our sole discretion by posting the relevant revised and restated Terms on the Website.

 In the event a user continues to use the Website and Services subsequent to the effective date of the updated Terms, the user is deemed to have agreed to the updated Terms. When updated Terms come into effect, the updated Terms shall supersede the previous version of the Terms.

 You may be required to enter into a separate agreement with us, for example a supplier agreement or a buyer agreement. You must follow any policies made available to you within the Services.

Proprietary Rights

You agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other worldwide laws. All title, ownership and intellectual property rights in the Website and its content shall remain with hyunkookparts, our affiliates or licensors of the Website content, as the case may be. All rights not otherwise claimed under the Terms or by hyunkookparts are hereby reserved.

 The content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by SwaflyParts or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such content or the Website, in whole or in part.

 We grant you a non-transferable and non-exclusive license to use the object code of the Website, provided that you do not copy, modify, create a derivative work from or otherwise attempt to discover any source code, sell, assign or otherwise transfer any right in the Website. You agree not to modify the Website and its software in any manner or form. You agree not to access the Services by any means other than through the interface that is provided by hyunkookparts for use in accessing the Services. You agree not to use our name for commercial purposes or as your own.

Hyunkookparts may use services of third parties involved in the provision of the Services. You may not violate proprietary rights and use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

 By posting or displaying any information on the Website you grant an irrevocable and sub-licensable license to hyunkookparts to display, distribute, publish, adapt, modify and otherwise use any user’s content. You confirm and warrant to hyunkookparts that you have all the rights, power and authority necessary to grant the above license.

 The names Cat, Caterpillar, John Deere, Komatsu, Volvo, Hitachi, Doosan, JCB, Hyundai or any other original equipment manufacturers are registered trademarks of the respective original equipment manufacturers. All names, descriptions, numbers and symbols are used for reference purposes only.

Eligibility

ur Services are available and may only be used by individuals who have reached the age of 18 or the legal age as defined by your country of residence. If you are a company or a legal entity, you are permitted to use the Services only if you validly exist, have full legal capacity and are a company duly organized under applicable law of your jurisdiction.

 You may use our Services and Website only as permitted by applicable law, including laws and regulations of your country of residence and/or incorporation. We are not responsible for any use of our Services and Website in any way or manner by individuals or companies that are not permitted to do so by applicable law.

Creating an Account

For browsing activities you are not required to create an account on our Website. However, if you send a request of spare parts and you do not have an account, it will be automatically created.

 When creating an account on the Website, you shall provide e-mail and/or other contact details. Please make sure that your contact details are correct, as we may use these details to contact you in relation to any matters. You shall update your contact details updated to keep it accurate and correct.

 We keep your personal information confidential as described in the Privacy Policy.

User’s Rights and Obligations

Use of any content or materials on the Website for any purpose not expressly permitted in the Terms is prohibited. You may not:

Use the Website in any way or take any action that causes, or may cause, damage to hyunkookparts or impairment of the performance, availability or accessibility of the Website;

Use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

Download, send, transmit or in any other way post and/or distribute any content that is illegal, harmful, slanderous, unethical or violates intellectual property rights, promotes hatred and/or racial, ethnic, sexual, religious or social discrimination or is insulting to any persons and/or organizations;

Violate third party rights including your counterparts on the Website and/or cause harm in any way;

Use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;Otherwise violate these Terms as well as any applicable laws and international treaties.

User’s Warranties

The user agrees that we may include and keep the contact information about you in our database. You authorize hyunkookparts and our affiliates to share the contact information with other users or otherwise use your personal information in accordance with the Privacy Policy.

 Each user warrants and agrees that you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any content that you submit, post or display; and you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the content and such sale, trade, distribution or export or offer does not violate any third party rights.

 User agrees not to compete with hyunkookparts and the Website or engage in any activities that are identical or similar to hyunkookparts business on the Website.

 If you are using our Services on behalf of a business, you warrant that you have obtained all necessary consents, approvals and waivers from your business partners and associates.

Breach

Without limiting any other remedies, hyunkookparts may, without notice, and without refunding any fees, issue a warning to the user, temporarily suspend the user, terminate the user’s account, prohibit access to the Website, and take technical and legal steps to keep the user off the Website and refuse to provide Services to the user if hyunkookparts has reasons to believe that the user is in breach of these Terms.

Hyunkookparts reserves the right in its sole discretion to remove any material displayed on the Website which it reasonably believes is unlawful, could subject hyunkookparts to liability, violates these Terms or is otherwise found inappropriate in hyunkookparts opinion.

Hyunkookparts for Trading

For any Services, Hyunkookparts does not represent either the supplier or the buyer in specific transactions. Hyunkookparts does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. We encourage you to use various means and common sense to evaluate with whom you are dealing.

Each user shall fully assume the risks of conducting any purchase and sale transactions in connection with using the Website or Services. Each user agrees that Hyunkookparts shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any transaction risks.

User agrees to provide all information and materials as may be reasonably required by Hyunkookparts in connection with your transactions conducted on, through or as a result of use of the Website or Services.

No Warranties and Limitation of Liability

The user agrees that all access and use of the Services and Website is at his own risk. We cannot guarantee and do not warrant that such content and/or information is error-free, free of viruses, worms, free of harmful, illegal or other inappropriate language.

The Services contained in the Website are provided “as is”. We cannot ensure that information and materials provided on the Website is accurate, reliable or complete on every subject. The user is solely responsible for use of any reliance on this information. Under no circumstances shall we be liable for any errors or omissions in the content or information on the Website.

Hyunkookparts does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of Services offered or displayed on this Website does not violate any third party rights. Hyunkookparts makes no representations or warranties of any kind concerning any Service offered or displayed on this Website.

Any material downloaded or otherwise obtained through the Website is done at each user’s sole discretion and risk and each user is solely responsible for any damage to Hyunkookparts computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any user from Hyunkookparts on the Website shall create any warranty not expressly stated herein.

You agree to indemnify and hold Hyunkookparts and its subsidiaries, affiliates, employees, partners and licensors harmless from any and all claims, damages, losses or liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through the Website and Services, your use of the Website and Services, your connection to the Website and Services, your violation of the Terms, or your violation of any rights of another.

Under no circumstances shall Hyunkookparts be held liable for any delay or failure or disruption of the content or Services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, disease, pandemia, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Notices

Any notice or other communication shall be in writing and sent electronically. Any such notice or other communication shall be sent to the following address: [email protected].

Termination

You can stop using our Website and Services at any time, although we will be sorry to see you go.

Compliance

You agree to comply with all applicable export and import, competition laws and regulations.

Miscellaneous

Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee or any other relations not directly stated in these Terms.

If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

These Terms including Privacy Policy constitute the entire agreement and supersede and extinguish all previous agreements (made in oral or in writing) between the user and Hyunkookparts relating to the subject matter hereof.

Our failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right or a waiver of Hyunkookparts’s right to act with respect to similar breaches.

Hyunkookparts shall have the right to assign its obligations and duties in these Terms to any person or entity.