Terms of service
Chapter 1. General Provisions
Article 1. Purpose
The purpose of this Terms of Service is to define the rights, obligations and responsibilities and other necessary matters between LX Pantos Co., Ltd. (hereinafter referred to as the "Company") and its Members in connection with the use of the [PantosNow] forwarding platform service (hereinafter referred to as the "Service") provided by the Company.
Article 2. Effect and Amendment of Terms and Conditions
The Company consistently posts the contents of this Terms of Service on the Service [www.pantosnow.com].
The effectiveness of this Terms of Service occurs when a Member confirms and agrees to the contents, and a service use agreement according to this Terms of Service is concluded between the Company and the Member.
The Company may amend this Terms of Service in the event of a change in a business policy, service environment, or an amendment to related laws and regulations, etc. In the event that the Company amends the terms, it will notify Members through the Service website from seven (7) days to the day before the effective date of the amended terms, specifying the effective date and the reason for the amendment. However, if the revision is likely to negatively affect the Members, the Company shall notify them of it with at least thirty (30) days of grace period.
If the Company clearly announced or notified a Member that he/she will be deemed to have expressed his/her intention if he/she does not make an expression within 30 days from the announcement or notification date, and if the Member still did not indicate his/her rejection, the Member will be deemed to have accepted the amendments.
For Members who do not agree to the amended terms, the Company shall not apply the amendments, and in such cases, Members may terminate the terms. However, if there are special circumstances in which the existing terms cannot be applied, the Company may terminate the terms with Members who do not agree to the amended terms.
Article 3. Interpretation of Terms
In the event of a conflict between a separate agreement entered into between the Company and a Member and the contents of this Terms of Service, the separately concluded agreement shall prevail.
Matters or interpretations not stipulated in this Terms of Service shall be subject to relevant laws or commercial practices.
Notwithstanding the provisions of Paragraph (2) of this Article, in the event of a legal dispute, the Company or the Member may apply for dispute mediation to a dispute mediation organization pursuant to the ‘Framework Act on Consumer’ or to an arbitration organization operating under other laws such as the ‘Arbitration Act’.
Article 4. Definitions
“Service” refers to all services, such as international and inland transportation (origin, destination), customs clearance, insurance, etc., processed through [PantosNow].
I. “International Transportation” refers to delivering goods to the Member's desired port of destination using the carrier requested by the Member.
II. Inland transport (origin, destination):
A. “Origin” refers to delivering goods from the Member’s desired inland location to the port of destination.
B. “Destination” refers to the delivering of goods from the port of destination after the arrival at the port to the final destination by the local carrier.
III. “Clearance” refers to the customs clearance carried out for the Member's goods by customs brokers contracted with the Company.
IV. “Insurance” refers to the cargo insurance for the Member's goods processed by an insurance company contracted with the Company
"Member" refers to a person who uses Services provided by the Company in accordance with this Terms of Service
Article 5. Provision and Change of Service
Services offered by the Company include:
Provision of carrier (shipping company, airline) schedule and freight information of the Member's desired section
Securing ship space according to the Member's request
Door-to-door transportation including international transportation section
Inquiry of transportation status and handling of exceptions
Issuance of settlement invoice and tax invoice for shipping cost
Clearance agency service
Insurance agency service
In the event that the contents of the Service provided by the Company are changed due to changes in technical specifications, etc., the Company shall notify the Members of the reason or post the reason on the Service website so that the Members can find out.
Article 6. Suspension of Services
The Company may temporarily suspend or change the provision of the Service as necessary for operational or technical reasons in the event of a change in the Company's policy related to the provision of the Service, maintenance, inspection, replacement or failure of information and communication facilities, interruption of communication or any other substantial reason.
Even if the Company temporarily suspends or changes the Service for the reason set forth in the Paragraph (1) of this Article, the Company shall not compensate the Member or any third party for damages unless the Company's intent or gross negligence is proven.
In the event that the Company is unable to provide the Service due to a change of business type, abandonment of the business, or integration between companies, etc., the Company shall notify the Member or post it as a notice on the Service website for the Member to recognize.
Article 7. Notice to Members
The Company may notify Members via e-mail designated by the Members in an advance agreement with the Company.
In the case of notices to an unspecified number of Members, the Company may substitute individual notices by posting them as notices. However, in principle, regarding matters that have a significant impact on the Member's transaction, individual notification shall be made.
Chapter 2. Information Protection and Use Agreement
Article 8. Registration and Change of Membership Information
Members shall apply for membership by filling in their membership information according to the registration form prescribed by the Company and expressing their intention to agree to these clauses, etc.
The Company may not approve membership if a member who has applied for membership falls under any of the following.
If there is falsehood, omission, or misrepresentation in the registration
If the applicant has lost his or her membership in the past
In the event that a Member who has received a suspension of membership from the Company voluntarily terminates the use contract and applies for re-use during the period of such suspension
If the applicant engaged in the same business as the company (freight forwarding, ocean transportation, air transportation, etc.)
When the Service is used for profit-seeking or dishonest purposes (such as unauthorized copying or distribution of information obtained from the Service) or is reasonably expected to do so
In the event that the applicant has already signed a contract with the Company for the purpose of using the Service, and the Company judges that the Service and the contents of the contract will be in conflict
In the event that it is judged that registering as a member significantly hinders the Company's technology
In the event that it is confirmed that the application violates this Terms of Service or is illegal or unfair, and the Company deems it necessary based on its reasonable judgment
Article 9. Termination of the Use Agreement
Termination of Membership
A Member may terminate the service use contract at any time by notifying the Company of his/her intention to terminate. However, the Member shall complete, withdraw or cancel all pending proceedings before notifying the Company of the intention to terminate, and if the Member does not withdraw or cancel as such, the contract shall be deemed to remain in effect until the Company completes the transportation of the goods requested by the Member. In this case, the Member shall be liable for any disadvantage caused by the withdrawal or cancellation
If the Member terminates the service contract at his/her own discretion and wishes to reuse the Service in the future, the Company will be notified of the intention to reuse, and the Service may be reused only with the Company's consent.
In the event that the contract is terminated due to termination of the contract or the expiration of the term, the Company shall settle and bill the Member for the service incurred until the date of termination or expiration of the contract. The Member shall make payment for the Service by the last day of the following month from the date of receipt of the bill.
Termination by the Company
1) The Company may terminate this Service Agreement if the Member does not take corrective measures for 14 days despite the Company's request for correction due to any of the following reasons.
In the event that the Member infringes on the rights, honor, credit, or other legitimate interests of other members, or conducts an action that violates the laws and regulations of the Republic of Korea or public order and good customs
In the event that the Member engages in any act or attempt to interfere with the smooth progress of the Services provided by the Company
If reasons for rejection of acceptance, as stipulated in Article 8, Paragraph (2), are discovered late
If the Member fails to comply with or violates the Service operation policies established by the Company
In other cases where the Company deems it necessary to refuse to provide the Service based on its reasonable judgment.
2) In the event that the Company terminates the service contract, the Company shall notify the Member of its intention to terminate by stating the reason for termination through e-mail, telephone, or other methods. The service contract shall terminate when the Company notifies the Member of its intention to terminate.
3) When the service contract is terminated as stipulated in this Paragraph, the Company may withdraw various benefits provided to the Member. The Member shall be responsible for any damages incurred in connection with the termination of the service contract, and the Company shall not be liable therefor, except in cases where the Company has serious negligence.
4) The account of a Member who has not been active for more than one (1) year after signing up as a member becomes a dormant account and the use of all Services including member login will be suspended, and the Company will manage the dormant account and personal information separately from other accounts. To reactivate a dormant account, a Member shall re-login to the Service.
5) The Company may notify a Member who has not logged in for more than six (6) months, and the Company will notify the Member via e-mail one (1) month before the conversion to a dormant account.
Dormant account conversion date: If a Member has not logged in [PantosNow] for more than one (1) year from the date of last access.
If a Member does not want a switch to a dormant account, he/she shall log in at least once before it reached twelve (12) months
Chapter 3. Use of service
Article 10. Information services provided by the Company
The International Transportation (including inland transportation) service allows the Company to receive goods information and logistics service information of transportation sections from its Members, and to secure spaces and vehicles accurately and quickly with the requested contents, so that transportation can be carried out.
The International Freight tracking service is to provide all the relevant information (request details, carrier information, departure/arrival date, cargo/document deadline, container pick-up/import location, etc.) to the shipper after securing the space with the request information received from the Members.
The quotation/booking service is for the Company to use the information received from the Members to secure ship space so that transportation can be carried out.
The quotation/booking information inquiry service allows the Company to share the shipment information with the Member's booking confirmation so that the shipment can start and end smoothly.
While the Company strives to provide accurate or reliable information with respect to all information provided by the Company, it does not guarantee the accuracy or reliability of the information that may occur in the process, and shall not be liable for any direct, consequential, punitive, or incidental damages arising from the error of the information, except in cases of material negligence of the Company.
Article 11. Services for Information Registered by Members
The information registration service for goods and logistics services allows a Member to expose his/her contact information (e-mail address and mobile phone number) and the information of goods to be sent by the Member (information necessary for the transportation of goods such as origin and destination) or information about the logistics service to be provided by the Member.
The Company has the right to decide the order of exposure of and to add areas for goods and logistics service information registered by Members. In addition, the Company may expose the Member's logistics service information to websites other than the Service website and mobile application without prior notice.
The Company shall not be liable for any damages caused by the discrepancy between the information registered by the Member and the actual information.
If the Company determines that the transaction is inappropriate due to the information related to goods and logistics services registered in the Service according to social norms and customs, and the Company's reasonable judgment, the Company may request deletion or delete it by its own authority, and may suspend or terminate the use of the Service by the relevant Member.
In the following cases, the Company may refuse transportation and return the goods to a Member, and notify the Member of such fact. The incurred expenses may be settled by the Member, or if the Member refuses to pay, the Company may dispose of the goods at its own discretion to cover the payment.
Animals, gold and silver bars, money, medicines, weapons, human body, pornography, precision metals, stones, cold storage products, products requiring freezing or refrigeration, explosives, flammable dangerous goods, etc.
If the goods cannot be transported by air/sea/rail
In the event that the Company determines that it is not appropriate to provide the service in accordance with this Terms of Service due to incomplete waybill or defective packaging, etc.
If the products are restricted from import and export under other relevant laws and regulations.
Article 12. Individual Contract
Members can make a booking request after confirming the estimated rate(quote) on [PantosNow], and an individual contract may be signed once the Company confirms the reservation details at the Member's request.
The Company may refuse to provide the service if the Member's request falls under any of the following cases:
If there is falsehood, omission, or misrepresentation in the application;
When a Member requests an export agency or transportation of goods prohibited by the relevant laws and regulations or this Terms of Service;
In the event that a Member designates a country where import and export are prohibited or restricted by domestic and foreign laws as a place of departure, destination, or transit and requests export agency or transportation; and
If it is judged that delivery is significantly hindered by weight or other conditions.
An affiliate means a company that is entrusted with the consignment of shipments and conducts work related to commercial documents, goods transportation, customs clearance, and insurance related to overseas export transactions.
In the event of a defect such as damage to the product due to the fault of the Company or its transportation affiliates (including shipping lines and airlines) in the transportation section from the consignor to the consignee designated by a Member, compensation shall be made in accordance with the compensation regulations of the affiliates for each section. The compensation rules vary depending on the affiliates, and the Company shall individually provide the transportation and compensation rules of the applicable affiliates selected by the Member. However, damage compensation is not provided for fragile items and other items to be handled with care, and compensation for fragile products and high-value products can be made only when a separate insurance of the applicable affiliate is purchased.
Article 13. Payment of Service Fees
A Member shall pay the Company a fee corresponding to the Service requested by the Member.
The service fee varies by region, delivery service, and weight, and Members can check the estimated price in advance on the booking history screen. However, the estimated charges and the amount ultimately charged to the Member may be different, and the amount charged to the Member will be compiled and provided to the Member on the billing invoice provided by the Company during the settlement period.
The Company will issue an invoice to the Member stating the final amount after confirming the goods, transportation method, and details requested by the Member.
Additional expenses incurred other than the service usage fee shall be paid by the Member at his/her expense, and the Company shall not be obligated to pay on his/her behalf. However, if requested by the Member and agreed by the Company, the Company may pay on behalf of the Member, and the Member shall immediately pay such amount to the Company.
Additional expenses mean additional costs incurred in addition to air/sea/rail transportation charges, which are service usage fees, and other additional costs such as duty, tax, and standard surcharge imposed in the destination country.
In the case of using freight denominated in a foreign currency, the exchange rate shall be based on the exchange rate initially announced by [KEB Hana Bank] based on the actual departure date of the individual contract.
Chapter 4. Liability
Article 14. Obligations of the Company
The Company shall not engage in any act that is prohibited by laws and regulations or this Terms of Service or contrary to social norms and customs, and shall do its best to provide services to Members continuously and stably as stipulated in this Terms of Service.
The Company shall have a security system for the protection of the personal information of the Members so that they can use Services safely.
Article 15. Protection of Personal Information
The collection, use, storage, and transfer of personal information of Members is generally in accordance with the Company's privacy policy and the contents notified when Members agreed to their personal information’s collection, use, and provision to a third party, of which the latest version is posted on the Service website. At the discretion of the Company and according to the national legislation, the privacy policy may be amended or updated from time to time, and is included in this Terms of Service by reference to it.
Article 16. Obligations of Members
Members shall not engage in any of the following actions. If any of the following actions are confirmed, the Company may impose sanctions on Members’ Service usage and may hold them civilly or criminally liable. (1) Intentionally or negligently interfering with the operation of the Company's services
(2) Providing false information during application or modification
(3) Theft of information of others
(4) Registering false goods information
(5) Transmitting or posting of information (computer programs, etc.) other than the information specified by the Company
(6) Infringing on intellectual property rights such as copyrights of the Company and other third parties
(7) Damaging the reputation of the Company and other third parties or interfering with the business operation
(8) Posting obscene or violent messages, images, audio, or other information that violates public order on the service homepage
(9) Actions such as fraud and positing malicious content that disrupt a healthy business culture
(10) Distributing software viruses and other computer codes and files designed to disrupt or destroy the normal operation of computer software, hardware, or telecommunication equipment that cause malfunction of equipment or destruction or confusion of information related to the services provided by the Company
(11) Using the Service or accessing the system in an abnormal way without following the Service usage methods provided by the Company
(12) Replicating, disassembling, or imitating the Services through reverse engineering, decompiling, disassembling, or any other modification
(13) Impersonating or pretending to be the Company’s employees or operators to register for services or send messages to Members for such purposes
(14) Granting access rights to one’s account to a third party or transferring, leasing, or providing all or part of the rights or obligations under the account or this Terms of Service to a third party without the Company’s prior consent, including using the third party information for advertising services or products without the Company’s consent
(15) If the Company deems it inappropriate to continue providing the Services due to any other significant reason.
2. The Company has all the rights to restrict or suspend the use of the Service in accordance with the provisions of the preceding paragraph. The Company reserves the right to delete the ID of a specific Member who acts in violation of the Company's policy, and may take all Service restriction measures such as suspension of use by authority without notifying the Member.
3. The Company may provide differentiated Services among Members at any time in accordance with the Company's policy.
Article 17. Ownership of Copyrights and Use
All copyrights and other intellectual property rights related to the Services provided by the Company belong to the Company.
Members shall not reproduce, transmit, publish, distribute, broadcast, or otherwise use the information, obtained through the use of Services provided by the Company, for which the intellectual property rights belong to the Company, for commercial purposes or to allow a third party to use such information without the prior consent of the Company. Members shall indemnify the Company for any damages incurred as a result.
Article 18. Limitation of Liability, etc.
In principle, the Company shall not be liable for damages with respect to the information and services provided free of charge, as long as it does not violate mandatory regulations such as the ‘Personal Information Handling Regulations’ or the provisions of penalties of relevant laws and regulations.
The Company shall be exempted from liability in the event that information and services cannot be provided due to natural disasters, force majeure, or repair, replacement, inspection, or construction of service facilities, or other equivalent matters;
The Company shall not be responsible for any obstacles in the use of information and services due to reasons attributable to Members.
The Company shall not be responsible for the reliability and accuracy of information, data, and facts, etc. posted by Members.
The Company shall not be liable for any indirect or consequential damages incurred by Members, such as the Members’ failure to obtain expected profits through the use of Services or losses arising from the use of the data obtained through the Service.
Article 19. Governing Law and Jurisdiction
Any dispute between the Company and the Member shall be governed by the laws of the Republic of Korea, and the competent court under the ‘Civil Procedure Act’ shall have jurisdiction.
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