Life Technologies Electronic Commerce Transactions Terms of Use

 

Chapter 1 (General provisions)

Article 1 (Purpose)

The purpose of this Terms of Use is to set forth the rights and obligations  between the Company and the user in case where the user uses the issuance and management service of the payment gateway system and payment escrow system (hereinafter generically referred to as “eCommerce service’) that the Company provides through its  website [http://www.thermofisher.com (hereinafter referred to as 'Website')], operated by Life Technologies, its affiliates, subsidiaries, subcontractors, and consulting company (“the Company”).

 

Article 2 (Definition)

1. The terms used in this Terms of Use are defined as follows:

1) ‘eCommerce’ refers to a transaction in which the Company uses electronic devices to provide the eCommerce service , which is used by the user in an automated way without requiring the user to meet or communicate with an employee of the Company.

2) ‘Electronic payment means’ refers to electronic payment means specified in Paragraph 11 of Article 2 of the Electronic Financial Transaction Act, such as electronic prepayment methods and credit cards.

3) ‘Electronic payment transaction’ refers to the eCommerce service in which the person paying the money (hereinafter referred to as ‘payer’) has the Company use electronic payment means to transfer the money to the person receiving the money (hereinafter referred to as ‘recipient’).

4) ‘Electronic device’ refers to a device used to electronically transmit or proceed with electronic financial transaction information, e.g. a cash dispenser, automated teller machine, payment terminal, computer, telephone or device for electronically transmitting or processing information.

5) ‘Access media’ refers to the means or information used to give transaction orders in electronic financial transactions or ensure the veracity and accuracy of user and transaction details, e.g. electronic cards and similar electronic information (including credit card numbers), digital signature generation information and certificates pursuant to the Digital Signature Act, fuser numbers and users’ biometric information registered with financial institutions or electronic financial business operators, and the passwords necessary for using the above means or information as specified in Paragraph 10 of Article 2 of the Electronic Financial Transaction Act.

6) ‘eCommerce service’ or ‘Service’ refers to the service which the Company provides to the user described in Article 4.

7) ‘User’ refers to a member of the Website who consents to this Terms of Use except for what is otherwise stipulated in Article 2 through Article 4 and uses the eCommerce service provided by the Company.

8) 'Transaction order' refers to an order by the user prescribed to financial institutions or electronic financial business operators to proceed with electronic financial transactions according to the electronic commerce agreement.

9) 'Error' refers to a case where eCommerce is not executed according to the electronic commerce agreement or to the user’s transaction order not caused by the user’s intention or negligence.

10) 'Username’ refers to the combination of numbers and characters set up by the user and approved by the Company for identification of the user and use of service.

11) 'Password' refers to the combination of numbers and characters set up by the user and approved by the Company for identification of the user and protection of the user information.

2. Other terms will be defined in accordance with the relevant laws and regulations, such as the Electronic Financial Transaction Act,  except for those defined in this Article and  in each Articler of this Terms of Use.

 

Article 3 (Scope of application, publication,  and amendment of this Terms of Use)

1. This Terms of Use shall be applicable  in case where  the user uses the pre-paid electronic  purchase order  through the Website.

2. The Company shall post this Terms of Use on the Website so that the user may review it before conducting electronic financial transactions through this Website. .

3. Upon the user’s request the Company shall deliver a copy of this Terms of Use by electronic method (including transmission by electronic mail), facsimile, mail or in person.

4. If the Company amends this Terms of Use, it shall publish the amended version on the financial transaction information input screen (order sheet) and Website one month prior to the effective date of such amendment and notify it to the user.

 

Article 4 (Composition and contents of eCommerce service)

1. The eCommerce service shall be composed of the following services, and the Company shall publish the details of each service separately on the website.

1) Payment Gateway service
2) Payment Escrow service

2. If necessary, the Company may add or change the above services after notifying users in advance.

 

Article 5 (Confirming the transaction details)

1. The Company shall allow each user to confirm the transaction details by utilizing the “account>order>recent order>order details” menu on the Website, and if the user requests the issuance of transaction details in writing, the Company shall issue and send transaction details by facsimile, mail or in person within two weeks after the receipt of such request.

2. If the Company receives the user’s request for the issuance of transaction details in writing pursuant to Paragraph 1, and cannot provide such transaction details due to the operating failure of electronic devices or another cause, it shall immediately notify the reason to the user by electronic method (including transmission by electronic mail), and the period during which the Company cannot provide transaction details due to the operating failure of electronic devices, etc. shall not be counted in the period for issuing transaction details in writing pursuant to Paragraph 1.

3. Those transaction details subject to Paragraph 1 which must be provided for 5 years are as follows:

1) Name or number of transaction account

2) Types and amounts of transactions

3) Information representing the counterparty of the transaction

4) Transaction date

5) Type of electronic device and information identifying electronic devices

6) Commissions the Company received in consideration of the relevant  eCommerce                                 

7) Information on the user’s consent to withdrawal of the payment

8) Connection records of electronic devices related to the relevant eCommerce

9) Information on the eCommerce application and change of the transaction conditions

10) Records on eCommerce whose unit transaction amount exceeds KRW10,000

4. Those transaction details subject to Paragraph 1 which must be provided for 1 year are as follows:

1) Records on transaction approval related to the use of electronic payment means

2) Information on the user’s request for error correction and processing results

5. If a  user of the Website request the issuance of transaction details in writing set forth in Paragraph 1, he/she may sendsuch request to the following address and phone number:

Address: F11 and 12, Hyosung Suseo Office Building, 281, Gwangpyeong-ro, Gangnam-gu, Seoul
e-mail address: weborder.kr@thermofisher.com
Phone: 02-2023-0600

 

Article 6 (Correction of errors, etc.)

1. In case where  the user learns that there is an error in using the eCommerce service, he/she may request the Company to correct it.

2. If the Company receives the request for error correction pursuant to the previous Paragraph or learns that the eCommerce service has an error, it shall immediately investigate and correct it, and notify the result in writing to the user within 2 weeks after the receipt of the request for error correction or from the date that it learns that there is an error. However, if the user’s address is not confirmed or the user requests it to do so, the Company may notify the user via telephone or e-mail.

 

Article 7 (Creation and retention of eCommerce records)

1. If the Company traces or searches the details of eCommerce the user used, or the details contain an error, it shall create and retain the records that will make it possible to check or correct such error.

2. The types and retention period of the records that the Company must retain according to the previous Paragraph shall be in accordance with Paragraphs 3 and 4 of Article 5.

 

Article 8 (Cancelling transaction orders)

1. If the user pays through the Electronic payment transactions, the user may cancel the transaction orders by sending electronic documents (including transmission by e-mail) or by phoning the person in charge set forth in Paragraph 5 of Article 5 of this Terms of Use before the time when the payment takes effect.

2. If the electronic payment takes effect, the user may receive the payment refund according to the method of cancellation pursuant to relevant laws, such as  the Act on the Consumer Protection in the Electronic Commerce Transactions, Etc.

3. In the following cases, the user cannot cancel transaction orders.

1) If the product is destroyed or damaged for a reason attributable to the user. However, an exception shall be made if the packaging was damaged for the purpose of checking the contents of the product.

2) If the value of the product has clearly decreased because the user used it or consumed part of it

3) If the value of the product is clearly decreased as such time has passed that it cannot be sold again

4) If the packaging of a product that can be copied is damaged

5) If the product was separately customized and produced according to the user’s order

4. If the user requests the cancellation, the Company shall notify the confirmation of receipt to the user, and the cancellation shall be effective .

 

Article 9 (Prohibition of the provision of eCommerce information)

In terms of providing the eCommerce service, the Company may not provide or leak the personal information of users, user accounts, Access media and eCommerce details and transactions, which it has acquired  to a third party or use it for any purposes other than the business purposes unless it is for the purposes of compliance with laws and regulations like the Act on Real Name Financial Transactions and Confidentiality or it obtains the user’s consent to do so.

 

Article 10 (Responsibilities of the Company)

1. If the user sustains damages arising from an accident caused by forgery or alteration of the Access media (provided that the Company issues, uses or manages the Access media) or due to an accident that occurred during the electronic transmission or processing of the purchase agreement or transaction orders, the Company shall be responsible for compensating for such damages.

2. Notwithstanding  Paragraph 1 above, the Company shall not be responsible for compensating the user for the damages in the following cases.

1) If the Company does not issue the Access media, and damages were caused to the user due to an accident caused by a forgery or alteration of the Access media;

2) If the user leased or entrusted the use of the Access media to a third party, or transferred it or provided it as security, or the user leaked, exposed or neglected his/her Access media even though the user knew or would have been able to know that a third party could use the Access media of the user to conduct eCommerce without authority;

3) If damages were caused to a user which is a corporation (excluding small corporations pursuant to Paragraph 2 of Article 2 of the 'Framework Act on Small and Medium Enterprises’), and the Company fulfilled the reasonably required  obligations, e.g. establishing security procedures to prevent accidents and thoroughly complying with such procedures.

3. Notwithstanding the user’s transaction orders, if there are such reasons as maintenance, replacement, and failure of information and communication equipment like computers, and the loss of communication , the Company may temporarily suspend the provision of eCommerce services, and if damages are caused to the user as a result, the Company shall be responsible for compensating for the damages.

4. Notwithstanding Paragraph 3. above, if transactions could not be processed or were delayed due to a natural disaster, a cause not attributable to the Company, such as power failure, fire, communication failure or other unavoidable causes, and the Company notifies the reason for the inability to process or for delay (including cases where financial institutions or payment method issuers or electronic purchase order sellers notifies the user) or the Company proves that there was no malicious intention or negligence on its part, the Company shall not be responsible for compensating the user for the damages.

5. If there are such reasons as the repair, inspection and replacement of information and communication equipment such as computers, the Company may temporarily suspend the provision of electronic financial transactions services, and the Company shall notify the user via the Website  of the schedule and reasons for suspending eCommerce service provision  in advance.

 

Article 11 (Dispute Resolution)

1. The user may request the resolution of disputes, by, such as expressing eCommerce-related opinions, filing complaints and claiming damages through the manager or contact person in charge of handling personal information  specified in the Company’s “Privacy Policy.”

2. The user may request the head office or branch office of the Company to resolve disputes in writing (including electronic documents) or by electronic devices according to Paragraph 1, and the Company shall notify the outcomes of investigation or resolution to such request within 15 days after request.

3. If the user has an objection to the Company’s resolution of disputes, he/she may request the Financial Disputes Settlement Committee of the Financial Supervisory Service pursuant to the 'Act on the Establishment, Etc. of Financial Services Commission' or the Consumers Dispute Settlement Commission of the Korea Consumer Agency pursuant to the ‘Framework Act on Consumers’ to mediate the disputes related to the use of the Company’s electronic financial transactions services.

 

Article 12 (The Company’s obligation to ensure stability)

The Company shall fulfill its fiduciary obligations so that eCommerce can be safely processed, and comply with the standards set by the Financial Services Commission in regard to information technology and electronic financial business, such as the human resources, facilities and electronic devices for electronic transmission and processing of different types of eCommerce so that the safety and reliability of eCommerce can be ensured.

 

Article 13 (Other Interpretation)

Matters not stipulated in this Terms of Use (including the definition of terms) shall comply with the laws related to consumer protection, such as the Electronic Financial Transaction Act, the Act on the Consumer Protection in the Electronic Commerce Transactions, and the Specialized Credit Finance Business Act, or related terms of use .

 

Article 14 (Jurisdiction)

Jurisdiction with respect to the disputes between the Company and the user shall be in accordance with the the Civil Procedure Act of the Republic of Korea.

 

Supplementary Provisions

Article 1 (Effective date)

This agreement shall go into effect on October 14, 2013.