TERMS OF SERVICE
1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of your entity ( you ), and STEK Co., Ltd. ,located in United States of America ( we , us ), concerning your access to and use of the STEK Co., Ltd. (www.stekautomotive.com) website as well as any other related applications (the Site ).
The Site provides the following services: Promotion and provision of information about our products ( Products and Services ). You agree that by accessing the Site and/or Services, you have read, understood, and agreed to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services, and you must discontinue use immediately . We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set in Section 1.7 below, as well as any supplemental terms, conditions, and/or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users’ needs, and/or our business priorities.
1.5 Our Site is directed at people residing in South Korea. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years of age. If you are under the age of 18, you are not permitted to register on the Site or use the Services without parental permission.
1.7 Messaging Policy: By clicking “Sign Up”, you agree to STEK Automotive Terms of Use and Privacy Policy. You consent to receive phone calls and SMS messages from STEK Automotive to provide updates on your order and/or for marketing purposes. Message frequency depends on your activity. You may opt-out by texting “STOP”. Message and data rates may apply.
1.8 Additional policies that also apply to your use of the Site include:
● Our Privacy Notice (www.stekautomotive.com/legalcontent), which delineates the terms on which we process any personal data we collect from you or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you are accurate.
● Our Acceptable Use Policy (www.stekautomotive.com/legalcontent), which delineates the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.
● Our Cookie Policy (www.stekautomotive.com/legalcontent), which delineates information about cookies on the Site.
● If you purchase our products on the Site, our terms and conditions of supply (www.stekautomotive.com/legalcontent) will apply to those purchases.
● Certain parts of this Site can be used only with payment of a fee. If you wish to use such Services, you will, in addition to our Terms and Conditions, also be subject to our terms and conditions of supply (www.stekautomotive.com/legalcontent).
2. Acceptable Use
2.1 Our full Acceptable Use Policy (www.stekautomotive.com/legalcontent), defines all the permitted uses and prohibited uses of this site.
2.2 You may not access or use the Site for any purpose other than that for which we make the Site and our Services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.3 As a user of this Site, you agree to not falsely imply a relationship with us or another company with whom you do not have a relationship.
3. Information you provide to us
3.1 You represent and warrant that:
(a) all registration information you submit is true, accurate, current, and complete, and relate to you and not a third party;
(b) you will maintain the accuracy of such information and promptly update such information as necessary;
(c) you will keep your password confidential and be responsible for all use of your password and account;
(d) you have the legal capacity to comply, and you agree to comply with these Terms and Conditions; and
(e) you are not a minor in the jurisdiction in which you reside, or, if you are a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or username) and/or password, you must promptly notify us at marketing@stekautomotive.com.
3.2 If you provide any information that is untrue, inaccurate, outdated, or incomplete, we may suspend or terminate your account. We may remove or change the username you select if we determine that such username is inappropriate.
4. Content you provide to us
4.1 There may be opportunities for you to post content on the Site or send feedback to us ( User Content ). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you . When you upload or post content to our site, you agree with the following terms and grant us the following rights to use that content:
4.3 In posting User Content, including reviews or making contact with other users of the Site, you shall comply with our Acceptable Use Policy (www.stekautomotive.com/legalcontent).
4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.5 We have the right to remove any User Content you provide to the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
4.6 We are not responsible and accept no liability for any User Content, including any such content that contains incorrect information or is defamatory, as well as any loss of User Content. While we accept no obligation to screen, edit, or monitor any User Content, we reserve the right to remove, screen, and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us, and views expressed by other users of the Site do not represent our views or values.
4.7 If you wish to complain about User Content uploaded by other users, contact us at marketing@stekautomotive.com, or use the “take down or report” button.
5. Our Content
5.1 Unless otherwise indicated, the Site and Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site ( Our Content ) are owned or licensed to us, and are protected by copyright and trademark laws.
5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services, or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
5.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers, or computer systems connected to the Site; and/or (b) make for any purpose, including error correction, any modifications, adaptions, additions, or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry-standard virus detection software to attempt to block the uploading of content containing viruses to the Site.
5.6 The content on the Site is provided for general informational purposes only. It is not intended to provide advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of content on the Site.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that Our Content on the Site is accurate, complete, or up-to-date.
6. Links to Third-Party Content
6.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications, or the third-party operator itself. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.
6.2 We accept no responsibility for advertisements contained within the Site. If you agree to purchase goods and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services, and if you have any questions or complaints in relation to them, you should contact the advertiser.
7. Site Management
7.1 We reserve the right, at our sole discretion, to
(1) monitor the Site for breaches of these Terms and Conditions;
(2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions;
(3) refuse, restrict access to or availability of, or disable (to the extent that is technologically feasible) any of your contributions;
(4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
7.2 We do not guarantee that the Site will be secure or free of bugs or viruses.
7.3 You are responsible for configuring your information technology, computer programs, and platform to access the Site. You should also use your own virus protection software.
8. Modifications to and Availability of the Site
8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
8.2 We cannot guarantee that the Site and Services will be available at all times. We may experience problems related to hardware, software, or other areas, or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
9. Disclaimer/Limitation of Liability
9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions, and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof, including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement, are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Site or Services; and/or (4) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through the Site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
9.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
● We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.
● If we fail to comply with these Terms and Conditions, we would be responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that was not foreseeable at the time you started using the Site and/or Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to or less than (a) the sum of $500 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply (www.stekautomotive.com/legalcontent).
10. Term and Termination
10.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at marketing@stekautomotive.com.
10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and Services (including blocking certain IP addresses), to any person for any reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use of or participation in the Site and Services or delete your profile and any content or information that you have posted at any time, without warning, in our sole discretion.
10.3 If we terminate or suspend your account for any reason described in these Terms and Conditions, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, or injunctive redress.
11. Mobile Applications
11.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use that mobile application on such devices strictly in accordance with the terms and conditions of this license.
11.2 The following terms apply when you use a mobile application obtained from either the App Store or Google Play (“App Distributor”) to access the Services:
(a) The license granted to you for any mobile application is limited to a non-transferable license to use the application on a device that utilizes Apple iOS or the Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may request that the App Distributor, in accordance with its terms and policies, issue a refund of the purchase price, if any, paid for the mobile application. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.
(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and (ii) you are not included on any U.S. government list of prohibited or restricted parties.
(e) You must comply with applicable third-party terms of agreement when using the mobile application. For example, if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application.
(f) You acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.
12. General
12.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits outside of electronic means.
12.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
12.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
12.4 We may assign any or all of our rights and obligations to others at any time.
12.5 We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
12.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
12.7 There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or the use of the Site or Services.
12.8 The following are trademarks of STEK Co., Ltd. You are not permitted to use them without our approval, unless they are part of the material that our Site explicitly states that you are permitted to use.
12.9 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
12.10 In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, contact us by email at marketing@stekautomotive.com.