• Stipulation/Regulation
  • User Agreement

User Agreement

Welcome to skbiok.com. This User Agreement states the terms and conditions applicable to your access to and use of our services at skbiok.com, an electronic bidding site for the purchasing of physical commodities and derivative products of such commodities, which SK INNOVATION co., ltd owns and operates. "You" as used herein, shall mean the User of this website (as an authorized representative of your company) and your company as well as any Administrators (each as identified in the registration information you submit to SK). The terms "You" and "User" may be used interchangeably as required by context. As used herein, the term "Agreement" means this User Agreement, the Purchasing Policies (found on this site) and the Privacy Statement (contained herein), as well as all other terms, conditions, and rules that may be published or displayed from time to time by SK INNOVATION co., ltd on this website. All of the foregoing are herein incorporated by reference. SK is free to amend this Agreement at any time, and any such amendment to this Agreement shall become effective 7 days after posting on our site. You understand and agree that it is your responsibility to become and remain informed as to the contents of this Agreement, and your access to or use of skbiok.com on or after such effective date constitutes acceptance of the amendments.

  1. 1. Your License in skbiok.com Subject to the terms and conditions of this Agreement and solely at its own discretion, SK grants you a non-exclusive, non-transferable and fully revocable license of limited duration to remotely access, use and participate in the service and information provided on the skbiok.com website solely for your own internal business use related to the bidding to fulfill SK’s procurement requirements.
  2. 2. User Identifications, Passwords and User Certification In registering for membership on the skbiok.com website, you select a user name and user password. The user name identifies your company. In addition to your user name, you will select Administrator Information (i.e. Administrator names and e-mail address) that will identify which employees of your company conduct a specific transaction on the skbiok.com website. Finally, SK will issue your company a single User Certification that (i) functions as an electronic signature for your company and (ii) authorizes your company’s bid. You are responsible for maintaining the confidentiality of your user identifications, passwords and your User Certification. SK INNOVATION co., ltd recognizes the User Certification as the User’s Representative Signature. Because the User Certification is unique to each User, SK INNOVATION co., ltd identifies the User Certification as the User itself. You agree to (i) immediately notify SK of any unauthorized use of any of the aforementioned user identifications, passwords or your User Certification and (ii) ensure that you fully and properly exit from your account at the end of each session. User acknowledges and agrees that it will be bound by any actions taken through the use of its user identifications, passwords and User Certification (except through the fault or negligence of SK INNOVATION co., ltd), including the execution of bidding, whether or not such actions were actually authorized by your company’s internal regulations or policies. The Administrator shall be responsible for all communications between SK INNOVATION co., ltd and User and any notices or other communications sent to the Administrator by SK INNOVATION co., ltd shall be binding on User.
  3. 3. Limits on Your Use In using the skbiok.com website, you agree to NOT directly or indirectly copy, disseminate, distribute or otherwise circulate, sell or permit access to all or any part of the information or services provided by skbiok.com to any other party. Your use of skbiok.com must comply fully with the laws of your home jurisdiction and those of any other jurisdiction in which your activities with respect to skbiok.com take place. You shall not use or permit the use of skbiok.com or any information obtained therefrom for any illegal or immoral purpose or in any manner that may be reasonably foreseen or calculated to bring skbiok.com into disrepute. You agree to conduct all activities related to skbiok.com, such as bidding as well as off-line negotiations and discussions, in good faith. You accept all risks associated with your use of and conduct with respect to skbiok.com. You acknowledge that SK accepts no responsibility or liability for any of your activities that are in any way related to your use of skbiok.com, including but not limited to the conduct, terms or outcome of any bid, negotiation or transaction taking place on skbiok.com. You shall not assign or otherwise transfer this Agreement or any of the rights and obligations hereunder without the prior written consent of SK. SK may assign or transfer any of its rights or obligations under this Agreement in its sole discretion and without prior notice to Users.
  4. 4. Closing and Receiving Time of Bids All bidding closing times listed on the skbiok.com website shall refer to Korean Standard Time as determined by SK’s web server’s clock. All bid closing times and SK’s determinations thereof are final and are not subject to dispute. The receiving time applied to all the electronic documents, including any bid or quotation submitted by User shall be determined by SK’s web server’s clock.
  5. 5. Bidder Qualification SK INNOVATION co., ltd invites the User to participate in bidding for purchasing of physical commodities and derivative products on such commodities. Only Users invited by SK INNOVATION co., ltd are qualified to participate in bidding. When the qualified bidder submits the a bid or quotation through the skbiok.com, SK INNOVATION co., ltd takes the contents of such bid or quotation at their face value without further interpretation or inquiry. Accordingly, the bidder shall be fully responsible for the contents of its bids and quotations.
  6. 6. Right of Refusal, Suspension, and Termination SK INNOVATION co., ltd may terminate this User Agreement and the license granted to you at any time with or without cause and may refuse to provide or otherwise limit access to the skbiok.com website to you or any other User at any time, at its sole discretion. Without limiting any other remedies or limiting the foregoing, SK INNOVATION co., ltd may suspend or terminate your license to use of skbiok.com if you are found to have engaged in fraudulent activity in connection with our site or if any of your representations, warranties, covenants or agreements to or with SK has been breached. You understand that participation in skbiok.com activities is voluntary. You may cancel your membership at any time at your own discretion; however, you agree to indemnify SK INNOVATION, per the Indemnification provisions contained in this Agreement, for any cause of action, claim for damages or any other dispute that may arise as a result of your canceling your membership or failing to perform any obligations owed to SK at the time you terminate this Agreement.
  7. 7. Privacy Policy SK is firmly committed to the privacy of its registered Users and the integrity of the skbiok.com website. SK shall make commercially practicable efforts to protect the User’s information. The User’s information provided to SK shall not be used for any purposes other than for use in relation to the activities and business contemplated by this Agreement, and such information shall not be provided to third parties, excluding SK’s subsidiaries and affiliates, by SK without prior consent from the User concerned, except in the following cases: a. Where further information or clarification by an affiliated company or allied business are necessary for the bidding and procurement activities contemplated in this Agreement, SK may report to such affiliated company or allied business such User’s information as is reasonably necessary for the submission of further information or clarification by such affiliated company or allied business; b.Where User ’s information is necessary for the preparation of statistics, academic studies, or market surveys, etc., the User’s information may be provided to third parties as long as the User’s identity is not disclosed; or c. Where, in accordance with relevant laws and ordinances, User’s information is requested by an authority legally empowered to request such information. From time to time Users may request an inspection or correction of the information they have provided to SK on the skbiok.com website, and SK will take commercially reasonable steps to comply with such a request without undue delay. In the case of a correction request, SK where practicable shall not use or make further use of User’s information until the correction is completed. Cookie Technology: "Cookies" are pieces of information that may be placed on your computer by a website to enhance your communication and interaction with that website. Almost all websites use cookies for these purposes. SK may, at some point, use cookies to customize your use of skbiok.com. You may stop or restrict the placement of cookies on your computer by adjusting your web browser preferences, in which case you may still use skbiok.com. If you do not take such steps to so restrict the use of cookies you agree that this shall be deemed to be your acceptance of SK’s use of cookies for any reason whatsoever. Links: skbiok.com may contain links to or from other third party sites. You understand and agree that when you use a link to enter these other sites or enter skbiok.com from these other sites, you are making use of a private third party site at your own riSK INNOVATION, and SK bears in no way any responsibility for the content of such sites, activities in relation to such sites or outcome of use of such sites including, without limitation, the infection of your computer with viruses and/or trojans and any other resulting losses or damages whatsoever.
  8. 8. Intellectual Property and Other Similar Rights of skbiok.com and Others User acknowledges that the configurations, displays, screens, and all information appearing on or displayed in connection with or contained by SK INNOVATION co., ltd on its Web are covered by various intellectual property right protections, including domestic and international copyright, trademark. SK INNOVATION co., ltd reserves all rights with regard to skbiok.com’s intellectual property. To the maximum extent legally possible, User agrees that it will not directly or indirectly copy or reproduce all or any part of the skbiok.com’s intellectual property, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of presentation style, content, or content organization, without the prior written permission from SK INNOVATION co., ltd, provided, however, that the User may make non-permanent copies of Web pages in its internal computer system as part of accessing our website and for its own internal use, but not make copies or otherwise distribute, publish, reproduce, or retransmit any information, or otherwise commercially exploit any information, in transactions with third parties. User acknowledges that SK INNOVATION co., ltd and/or third-party content providers remain the owners of the information on this website, and that User does not acquire any of those ownership rights by printing or downloading any of the information or making use of the skbiok.com website.
  9. 9. System Stability SK makes no representations or warranties regarding the quality, stability, functionality or performance of: (i) the communication networks through which skbiok.com activities take place; (ii) skbiok.com; or (iii) any software used for skbiok.com activities. You acknowledge and agree that you and SK use communication networks for the conduct of skbiok.com activities over which neither you nor SK have control. Accordingly, you agree that SK assumes no liability whatsoever for interruptions or delays in the delivery of skbiok.com services resulting in any way from disruption, failure or unavailability of such networks or of SK’s own webserver.
  10. 10. Limitation of Liability; Indemnity YOUR USE OF THE skbiok.com IS AT YOUR SOLE RISK. THE SERVICES AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE IN RELATION TO skbiok.com ACTIVITIES ARE DISCLAIMED TO THE FURTHEST EXTENT PERMITTED BY THE LAWS OF THE REPUBLIC OF KOREA OR ANY OTHER JURISDICTION UNDER WHICH A CLAIM MAY BE BROUGHT. THIS DISCLAIMER SHALL ENCOMPASS WITHOUT LIMITATION THE ACCURACY, RELIABILITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY OF ANY PART OF ANY INFORMATION OBTAINED BY ANY PARTY THROUGH OR PROVIDED OR IN ANY WAY THROUGH THE skbiok.com WEBSITE. User shall indemnify, protect, and hold harmless SK INNOVATION co., ltd, its directors, officers, affiliates, employees and agents from and against any and all losses, liabilities, judgments, suits, actions, proceedings, claims, damages, costs (includ-ing attorney’s fees) resulting from or arising out of any act or omission by any person obtaining access to skbiok.com through the use of any of User’s identifications or passwords (other than through the fault or negligence of SK INNOVATION co., ltd), whether or not User has authorized such access. In addition, Member indemnifies SK INNOVATION co., ltd and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any loss by reason of, in any way relating to, or arising out of: a.User ’s activities on this website, including but not limited to any violation of any law, rule, or regulation arising by reason of such use; b. any claim or dispute which may arise from a breach of terms of the Agreement or from any dispute which may arise between Users with respect to the bidding; and/or c.User ’s violation of the Agreement.
  11. 11. Notice SK INNOVATION co., ltd may give notice to Users by means of a general notice on the skbiok.com website, or by electronic mail to User’s email address on record at skbiok.com, or by written communication sent by first class mail to a User’s address on record with skbiok.com.
  12. 12. Governing Agreement You acknowledge that the skbiok.com website is accessible to Users inside and outside of the Republic of Korea. Accordingly, the skbiok.com website provides an English and a Korean version of this Agreement. The Korean version of this Agreement shall apply in such case where the User has expressly registered with skbiok.com on the Korean language version of this website and clicked the equivalent "I Agree" button associated with the Korean version of this Agreement. The English version of this Agreement shall apply in such case where the User has expressly registered with skbiok.com on the English language version of this website and clicked the equivalent "I Agree" button associated with the English version of this Agreement.
  13. 13. Jurisdiction and Applicable law All disputes, controversies, claims or differences arising between SK INNOVATION and Users out of, in relation to, or in connection with the use of the skbiok.com website or activities conducted herein, shall be resolved in Seoul District Court applying the laws of the Republic of Korea without giving effect to the conflict of laws principles thereof.
  14. 14. Headings The headings of the articles, sections, and exhibits of the Agreement are inserted for convenience only, do not constitute a part of the Agreement and shall not affect in any way the meaning or interpretation of the Agreement.
  15. 15. Severability If any term, provision, covenant, or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable, or against public policy, the remainder of this Agreement shall remain in full force and effect.
  16. 16. Entire Agreement and Assignment The Agreement, including any exhibits hereto and all incorporated provisions, constitutes the entire agreement among the parties and supercedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of the Agreement. User shall not be entitled to assign or transfer any of its rights hereunder or allow any person to obtain the benefits of such rights (including, without limitation, allowing any third party to obtain access to skbiok.com, whether through a change in control of User or otherwise) without SK INNOVATION co., ltd ’s prior written consent.
  17. 17. Consent to be Bound by this Agreement: YOU MUST NOW INDICATE THAT YOU AGREE TO THIS AGREEMENT AND WISH TO PARTICIPATE IN skbiok.com ACTIVITIES. BY CLICKING THE "I AGREE" BUTTON FOUND BELOW, YOU: (i) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (ii) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT; (iii) AGREE PERSONALLY AND ON BEHALF OF YOUR COMPANY TO BE BOUND BY AND PERFORM THE OBLIGATIONS OF THIS AGREEMENT; AND (iv) REPRESENT THAT INFORMATION PROVIDED BY YOU TO SK INNOVATION, AS RELATES TO skbiok.com REGISTRATION AND ACTIVITIES, IS TRUE AND ACCURATE. IT IS STRONGLY RECOMMENDED THAT YOU PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AT THIS TIME.