ITE HCMC

TOURISM PROMOTION ORGANIZATION FOR ASIA PACIFC CITIES.

TPO MEMBERSHIP

Terms and Conditions of Use

CHAPTER 1 GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of these Terms and Conditions of Use is to set forth the matters related to the procedures and conditions of using the services (hereinafter referred to as “Services”) provided on the Tourism Promotion Organization for Asia Pacific Cites’ (hereinafter referred to as “TPO”) official website (www.aptpo.org).

Article 2 (Terms and Definitions)

The terms used in these Terms and Conditions of Use and the definitions thereof are as follows:

  1. 1.User: An individual who receives the Services provided by TPO in accordance with these Terms and Conditions of Use.
  2. 2.Entire Agreement: These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between TPO and a user in relation to the use of this Website.
  3. 3.Registration: An act of entering the requested information on the application form provided by TPO and agreeing to these Terms and Conditions of Use to reach an agreement to use the Services.
  4. 4.Member: An individual who registered as a member by providing his/her personal information necessary for membership registration on TPO’s website.
  5. 5.User ID: A user name created by the user by combining English alphabetic characters and numeric characters approved by TPO to identify him/herself and use the Services (one ID is allowed per resident registration number).
  6. 6.Password: A combination of English alphabetic characters, numeric characters and special characters created by the user to protect his/her information.
  7. 7.Termination of use: An act of terminating the User Agreement by TPO or a member after using the Services.
Article 3 (Effectiveness of the Terms and Conditions of Use and Amendments Thereto)

Members, who do not agree with the amended Terms and Conditions of Use, may deregister as a member (terminate the use of the Services). If a member continues to use the Services, without expressing his/her disagreement with the amendments, even after 7 days from the effective date of the amended Terms and Conditions of Use, it will automatically be deemed that he/she has agreed to the amendments.

  1. The Terms and Conditions of Use take effect when they are posted on the Service page or the notice board, or announced in any other means.
  2. TPO reserves the right to make amendments to the Terms and Conditions of Use, if such is deemed necessary, and the amended Terms and Conditions of Use will be posted on the Service page. If a member continues to use the Services, without expressing his/her disagreement with the amendments, even after 7 days of the posting, it will automatically be deemed that he/she has agreed to the amendments.
  3. A user, who does not agree with the amended Terms and Conditions of Use, may stop using the Services and deregister as a member. If he/she continues to use the Services, it will be deemed that he/she has agreed to the amendments, and the amended Terms and Conditions of Use will take effect in the same manner as described in the previous paragraph.
Article 4 (Provisions Applied Mutatis Mutandis)

For matters not stipulated in these Terms and Conditions of Use, the Framework Act on Telecommunications, Telecommunications Business Act and other relevant laws and regulations shall be observed.

CHAPTER 2 USER AGREEMENT FOR THE SERVICES

Article 5 (Conclusion of User Agreement)

A user agreement is reached when a user’s request to use the Services is approved by TPO and the said user agrees to the Terms and Conditions of Use.

Article 6 (Registration Application)

A user may request to use the Services by recording his/her personal information on the registration application form prescribed by TPO on the membership information page.

Article 7 (Approval of Registration)
  1. The registration for the use of the Services will be approved if the applicant has provided accurate information for all of the items on the application form, unless there are special circumstances that prevents TPO from giving such approval.
  2. Approval may not be given for any of the following reasons:
    1. 1. the applicant did not register under his/her real name;
    2. 2. the applicant attempted to register under another individual’s name;
    3. 3. the applicant provided false information on the application form;
    4. 4. the applicant attempt to register with an objective to disrupt social order or cause moral chaos; and/or
    5. 5. the applicant does not meet the registration criteria designated by TPO.
Article 8 (Changes in the Agreement)

In case there are any changes to the information provided by a member at the time of registration, he/she must correct the information. The member concerned is liable for any problems that arise from the failure to correct the information.

CHAPTER 3 OBLIGATIONS OF THE PARTIES UNDER CONTRACT

Article 9 (Obligations of TPO)

TPO will not leak or distribute to a third party the personal information provided by its members to use the Services, without their consent. However, this does not apply to cases in which such information is requested by a national agency, in accordance with law such as the Framework Act on Telecommunications, or such information is requested for a criminal investigation or any other procedures prescribed in the relevant laws and regulations.

Article 10 (Obligations of the Members)
  1. Members should not engage in any of the following actions when using the Services:
    1. 1. wrongfully using another member’s ID;
    2. 2. duplicating or publishing the information obtained through the Services, or providing such information to a third party;
    3. 3. infringing up the copyright held by TPO, copyrights of a third party, or any other rights;
    4. 4. distributing content and information that disrupt public order or cause moral chaos;
    5. 5. committing an act that is deemed to be associated with a criminal offense from an objective perspective; and
    6. 6. committing a violation of any of the relevant laws and regulations.
  2. Members should not engage in any business activities using the Services, and TPO cannot be held liable for any consequences arising from such business activities.
  3. Members may not assign or transfer their rights to use the Services or the position granted through the User Agreement, or provide such as security.

CHAPTER 4 SERVICE USE

Article 11 (Obligations of Members)
  1. Members are responsible for maintaining and managing their own e-mails, message board posts, registered materials, etc., as necessary.
  2. Members cannot delete or change the data and information provided by TPO, under their own discretions.
  3. Members should not post any content that would disrupt public order or cause moral chaos on the website of TPO or post any content that infringes upon the copyrights of a third party or any other rights. Members posting such content are liable for any and all consequences that arise from such posts.
Article 12 (Management and Deletion of Posts)

In order to ensure efficient Service operation, there may be restrictions applied against the memory size, message size, retention period, etc. that the members can use, and in case the content posted by a member falls under any of the following, it may be deleted without prior notice:

  1. 1.a post that slanders another member or a third party, or causes defamation;
  2. 2.a post that disrupts public order or causes moral chaos;
  3. 3.a post that is deemed to be linked with a criminal offense;
  4. 4.a post that infringes upon the copyrights of TPO or a third party, or any other rights;
  5. 5.a post that contains pornographic content or a link to a pornography site; and
  6. 6.any other types of content that are in violation of the relevant laws and regulations.
Article 13 (Copyrights to the Posts)

It is the original poster/author who holds the copyright to the content of the post. Members cannot process and sell the information obtained through the Services or use the materials posted for the Services for any other commercial purposes.

Article 14 (Service Time)

The Services are provided 24/7 throughout the year, in principle, unless there are special circumstances such as business or technical disruptions that prevent such operation. It is also not the case during regular system inspections.

Article 15 (Responsibility for Service Use)

Members should not use the Services in hacking, linking pornography sites, illegally distributing commercial software, etc. TPO cannot be held liable for any legal actions, etc. taken by the relevant authorities or any business consequences or losses arising from violating this clause.

Article 16 (Suspension of Services)

Services may be suspended in case of any of the following:

  1. 1.suspension of Services is unavoidable due to a repair, etc. of the equipment systems used for the Services;
  2. 2.a key telecommunications service provider prescribed in the Telecommunications Business Act suspended its telecommunication services;
  3. 3.there is a need to perform a system inspection; or
  4. 4.suspension of Services resulted from a force majeure.

CHAPTER 5 TERMINATION OF THE AGREEMENT AND SERVICE RESTRICTIONS

Article 17 (Termination of the Agreement and Service Restrictions)
  1. In case a member wishes to terminate the User Agreement, he/she must request the termination of agreement online, and TPO will take the necessary measures after confirming his/her identity.
  2. In case a member engaged in any of the following actions, TPO will notify the member concerned of its intent to terminate the User Agreement after 30 days so as to provide an opportunity for the member to provide an explanation:
    1. 1. using another individual’s user ID and password;
    2. 2. deliberately disrupting or impeding the Services;
    3. 3. submitting a falsified registration application form;
    4. 4. making a second account using another ID;
    5. 5. distributing content that disrupts public order and causes moral chaos;
    6. 6. causing defamation or putting another individual at a disadvantageous situation;
    7. 7. transmitting large amounts of data or advertising information for the purpose of disrupting the stable operation of the Services;
    8. 8. distributing a computer virus, etc. that causes errors in the information and communications systems or destroys information, etc.;
    9. 9. infringing upon the intellectual property rights of TPO, another member or a third party;
    10. 10. wrongfully using another individual’s personal information, or user ID and password;
    11. 11. posting pornographic content or linking a pornography site on his/her homepage or message board, etc.; and/or
    12. 12. violating any relevant laws and regulations.

CHAPTER 6 MISCELLANEOUS

Article 18 (Prohibition of Assignment)

Members may not assign or transfer their rights to use the Services or the position granted through the User Agreement, or provide such as security.

Article 19 (Compensation for Damages)

TPO shall not be held liable for any damages caused to the members in relation to the Services provided, free-of-charge, unless such damages were caused by TPO intentionally or due to gross negligence.

Article 20 (Exemption of Liability)
  1. TPO shall be exempted from liability in relation to the Services in case it cannot provide the Services due to a case of force majeure such as a natural disaster and war or any other similar events.
  2. TPO shall be exempted from liability for damages resulting from an unavoidable reason such as Service system repair, replacement, regular inspection and construction work.
  3. TPO shall be exempted from liability for Service impairments that are attributable to the members.
  4. TPO shall be exempted from liability for damages resulting from the use of the data and information obtained through the Services or the use of the Services to make profits.
  5. TPO shall not be responsible for the accuracy and reliability of the data, information and facts posted on the Service platform by the members.
Article 21 (Competent Court)

In the event that a lawsuit is filed in relation to a dispute arising from the Service use, the court with jurisdiction over the area where TPO is based shall be deemed as the competent court.

ADDENDUM

(Effective Date) These Terms and Conditions of Use shall take effect on July 1, 2017.