“Content” means any information (in all format) published by us on the Website including without limitation, audio files, visual files, textual files, graphics, descriptions, comments, feedbacks, suggestions, advice and/or information of any nature;
“Intellectual Property Rights” means all intellectual property rights including without limitation, patents, utility models, trade and service marks, trade names, domain names, right in designs, image rights, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
“Use” means any use of the Website in accordance with the provisions of the Terms herein;
“User”, “you” and/or “your” means the person and/or organisation who uses this Website; and
“Website” means the website located at www.yisia.com.
“Yisia”, “us”, “we” and “our” means Yisia Ltd, a company registered in South Korea and having its registered office at 30, 82Gil, Jungbalsan-Ro, Ilsandong-gu, Goyang City, Gyounggi-do, South Korea and having its place of business at Level 20, Glass Tower, 534 Teheran-ro, Gangnam-gu, Seoul 06181, South Korea;
|2. Yisia Ltd
|This Website is created, owned and managed by Yisia Ltd.
|If you have any queries regarding your Use of the Website, please contact Yisia using the contact details specified on the Website.
|3. Use of the Website
|By Using the Website, you warrant that you have the right, authority and capacity to enter into and be bound by these Terms and that you agree to be bound by these Terms forthwith.
|You shall at all times:
|In the event that Yisia, in its sole discretion, considers that you are making any illegal and/or unauthorised Use of the Website, and/or your Use of the Website is in breach of these Terms, Yisia reserves the right to take any action that it deems necessary, including terminating without notice your Use of the Website and, in the case of illegal Use, instigating all appropriate legal proceedings.
|Yisia may suspend the availability of the Website or any part thereof, for any reasons whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such unavailability and/or suspension.
|Yisia reserves the right to make any changes to the Website or to discontinue any aspect, feature or functionality of the Website without notice.
|4. Term and Termination
|These Terms will remain in full force and effect while you are a User of the Website.
|Yisia may, at any time and for any reason, terminate these Terms with you and deny you full or partial access to the Website.
|In the event of termination of these Terms or denial of access to the Website for any reason, you must not attempt to Use the Website.
|Clauses 4 to 8 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.
|5. Yisia’s Intellectual Property
|Yisia and/or its licensors owns or has a licence to use all right, title and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to the User. All rights in and to the Website not expressly granted to the User are reserved by Yisia.
|You are granted a non-transferable, non-exclusive, royalty-free, revocable and terminable licence to view the content of the Website.
|Unless otherwise expressly set out to the contrary, you are expressly prohibited from:
|6. Third Party Website Linking
|The Website may from time to time contain links to other independent third party websites (“Third Party Websites”). Yisia does not endorse or authorise the contents of such Third Party Websites nor shall it in any way be responsible for the availability and/or content of the same.
|7. Warranties and Exclusion of Liabilities
|Yisia provides Users with access to the Website free of charge and, to the maximum extent permitted by law, Yisia shall not be liable for any loss, injury or damage caused in whole or in part by Use of the Website or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the Website or the information provided therein, or by Yisia’s failure to perform any of its obligations under these Terms.
|In no event shall Yisia be liable for any special, indirect, incidental or consequential damages, including without limitation the loss of profits, loss of reputation and goodwill, loss of expectation, loss of business or business benefit, loss of time management, expectation losses, loss of contracts, loss of customers, or any losses or liabilities under or in relation to any other contracts.
|The information provided on the Website by Yisia is intended as information only and does not constitute advice and is not intended to address your specific requirement. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
|Subject to the provisions under clause 7.3, you here by acknowledge, agree and warrant that any reliance by you in respect of any information made available on the Website shall be at your own risk and that Yisia shall in no way be liable for any such reliance.
|Where the Website includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Yisia and, to the maximum extent permitted by law, Yisia shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice, recommendations or your reliance thereof.
|To the maximum extent permitted by law, Yisia expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.
|You may print and keep a copy of these Terms, which form the entire agreement between you and Yisia and supersede any other communications or advertising with respect to the Website.
|These Terms may only be modified with the prior written consent of Yisia. We may alter or amend these Terms at any time, with immediate effect without notice. By continuing to Use the Website after such alteration, you will be deemed to have accepted any amendment to these Terms.
|These Terms and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
|You shall comply with all foreign and local laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
|You agree that because of the unique nature of the Website and Yisia’s proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm Yisia and monetary damages would be inadequate compensation. Therefore, you agree that Yisia shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
|If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
|Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of these Terms.
|Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
|Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Yisia and such third parties shall not be entitled to enforce any term of these Terms against Yisia.
|The parties hereby agree that the Terms herein shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.