Welcome to HADA, the website and online service of [HADA] (“HADA”, “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”).
All other terms not defined in this Section 1 shall have the meaning defined in relevant laws, regulation or any other definitions adopted throughout this Agreement.
A. Eligibility; Validity
(a) Please read this Terms of Service (this “Agreement”) carefully before you start to use ourService. By accessing or using the Service or otherwise affirming your intent to be bound bythis Agreement, you accept and agree to be bound by this Agreement and to the collectionand use of your information as set forth in the HADA’s Privacy Policy whether or not you area registered user of our Service.
(b) If you do not want to agree to this Agreement, you must not access or use our Service. Byusing our Service, you represent and warrant that you meet all of the eligibility requirementsto form a binding contract in compliance with this Agreement and all applicable local, state,national, and international laws, rules and regulations.
(c) HADA will take necessary measures to make this Agreement available for print by its Users.
(d) This Agreement shall be applicable as of the date when a User consents to this Agreementand continue until the date such User withdraws from HADA’s Services. Provided, however,any terms under this Agreement may remain effective after User’s withdrawal from ourService if becomes necessary.
B. Changes to this Agreement
(a) HADA reserves the right to make unilateral modifications to these terms, to the extentpermitted by applicable laws, and will provide notice to Users of such changes by seven (7)days prior to the effective date the changes by presenting (i) the changes, (ii) reasons formaking changes, (iii) effective date, and (iv) date by which the User shall deliver his or herintent not to consent to such changes on the first page of HADA’s website or mobileapplication.
(b) Any new features that augment or enhance the current Service, including the release of newtools and resources, shall be subject to this Agreement. Your continued use of our Servicefollowing the posting of revised Agreement and failure to respond by the deadline set forthin (iv) of paragraph (a) above means that you accept and agree to the changes. If you do notwant to agree to any changes to this Agreement, you must not access or use our Service.
C. Other Provisions
Any other terms not specifically provided in this Agreement shall be governed by applicable laws and regulations, and any other trade customs.
D. HADA Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service solely as permitted by the features of the Service, which may vary by User. We reserve all rights not expressly granted herein in the Service. We may terminate this license or your access to the Service at any time for any reason or no reason.
(a) Your HADA account gives you access to the Service and functionality that we may establishand maintain from time to time and in our sole discretion. We may maintain different typesof accounts for different types of Users.
(b) The Agreement becomes effective when a person or entity who wishes to use the Service
(“Applicant”) (i) consents to this Terms of Service, (ii) makes requests to use the Service, and(iii) HADA approves such request. Provided, however, only to the extent Client or thepre-existing Administrator has provided Applicant’s information to HADA, HADA will approvethe request under this paragraph (b).
(c) If you open a HADA account on behalf of a company, organization, or other entity, then (i)“you” includes you and that entity, and (ii) you represent and warrant that you are anauthorized representative of the entity with the authority to bind the entity to thisAgreement, and that you agree to this Agreement on the entity’s behalf. You acknowledgeand agree that if you are opening a HADA account or otherwise using the Service as or onbehalf of an employer company, organization or other entity, your employees who openemployee accounts must and do separately agree to be bound by this Agreement.
(d) HADA may reject or postpone its approval of any application if any of the following occurs:
(i) HADA cannot provide Services due to difficulties in technology and business;
(ii) HADA has not received necessary information from the pre-existing Administrator orClient of an Applicant;
(iii) HADA finds it impossible to approve an application due to User’s fault, such asomitting to provide registration information, providing inaccurate or false information;
(iv) application has been made to acquire HADA’s own technology, compositions orbusiness models, or for disparaging, offensive, defamatory, offensive, infringing,invasive of personal privacy or publicity rights, harassing, humiliating to other people(publicly or otherwise), libelous, threatening, profane, obscene, or otherwiseobjectionable purposes;
(v) Client has failed to make payments to HADA by arbitrarily cancelling payment methodregistered with HADA after account registration, becoming insolvent or defaulting tomake payment;
(vi) any application requirement has not been satisfied; or
(vii) if account has been terminated due to reasons set forth in paragraphs (ii) through (vi)above. Provided, however, application shall be excluded from the foregoing conditionif the application has been reconsidered and re-approved after at least one (1) yearhas lapsed after such termination of the account.
(e) If HADA finds an application falls under the scope of paragraphs (ii) through (vii) under (d)above after approval, HADA may terminate or suspend any Service under this Agreement.
(f) You must keep this information up to date. If any of your application information provided toHADA has been changed, you shall modify the same in accordance with the method andguidelines provided by HADA.
You agree not to engage in any of the following prohibited activities:
(a) copying, distributing, or disclosing any part of the Service in any medium, including withoutlimitation by any automated or non-automated “scraping”;
(b) using any automated system, including without limitation “robots,” “spiders,” “offlinereaders,” etc., to access the Service in a manner that sends more request messages to theHADA servers than a human can reasonably produce in the same period of time by using aconventional on-line web browser;
(c) uploading, posting, hosting, or transmitting spam, chain letters, SMSs or other unsolicitedemail or messages;
(d) attempting to interfere with, compromise the system integrity or security or decipher anytransmissions to or from the servers running the Service;
(e) taking any action that imposes, or may impose at our sole discretion an unreasonable ordisproportionately large load on our infrastructure;
(f) uploading invalid data, viruses, worms, or other software agents or any code of a destructivenature through the Service;
(g) collecting or harvesting any personally identifiable information, including account names,from the Service;
(h) using the Service for any commercial solicitation purposes;
(i) impersonating another person or otherwise misrepresenting your affiliation with a person orentity, conducting fraud, hiding or attempting to hide your identity;
(j) interfering with the proper working of the Service;
(k) accessing any content on the Service through any technology or means other than thoseprovided or authorized by the Service;
(l) bypassing the measures we may use to prevent or restrict access to the Service, includingwithout limitation features that prevent or restrict use or copying of any content or enforcelimitations on use of the Service or the content therein;
(m) verbally, physically or other abuse (including threats of abuse or retribution) of any otherUser or any HADA customer, employee, member, or officer;
(n) reproducing, duplicating, copying, selling, reselling or otherwise exploiting any portion of theService, use of the Service, or access to the Service without the express written permission byHADA; or
(o) modifying, adapting or hacking the Service or modifying another website so as to falselyimply that it is associated with the Service.
By using the Service you represent and warrant that (i) you do not work for a competitor of HADA; and (ii) that you will not provide any information gained from your use of or access to HADA’s website, mobile application or any other Services to a competitor of HADA.
(a) We may change the Service; stop providing the Service or features of the Service, to you orto Users generally; or create usage limits for the Service by making announcements on ourwebsite or mobile application, or by providing each of our Users separate notice underSection 15B.
(b) We may permanently or temporarily terminate or suspend your access to the Service withoutnotice and liability for any reason, including, but not limited to the following:
(i) if it becomes necessary to perform maintenance on service equipment;
(ii) if in our sole determination you violate any provision of this Agreement;
(iii) normal operation of Service is not feasible due to blackout, errors in equipment, or heavytraffic;
(iv) inability to maintain the Service due to business reasons such as termination of agreement with a third-party service provider;
(v) occurrence of force majeure event; or
(vi) for any other or no reason.
Upon termination with or without cause, you shall continue to be bound by this Agreement.
(c) For suspension or termination of the Service under paragraph (b) above, HADA will providenotice under Section 15B. Provided, however, if providing a prior notice is not feasible due tourgency of the matter (e.g. suspension due to reasons that cannot be controlled by HADA,such as errors in disc and system shutdown caused without fault of HADA), HADA mayprovide a notice after the fact.
(a) Some areas of the Service allow Users to post or provide User Contents. We claim noownership rights over User Content created by you. The User Content you create remainsyours; however, by providing or sharing User Content through the Service, you agree to allowothers to view, edit, and/or share your User Content in accordance with your settings and thisAgreement. HADA has the right (but not the obligation) in its sole discretion to remove anyUser Content that is shared via the Service.
(b) You agree not to post User Content that: (i) may create a risk of harm, loss, physical ormental injury, emotional distress, death, disability, disfigurement, or physical or mental illnessto you, to any other person, or to any animal; (ii) may create a risk of any other loss ordamage to any person or property; (iii) seeks to harm or exploit children by exposing them toinappropriate content, asking for personally identifiable details or otherwise; (iv) mayconstitute or contribute to a crime or tort; (v) contains any information or content that wedeem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing,invasive of personal privacy or publicity rights, harassing, humiliating to other people(publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable;(vi) contains any information or content that is illegal (including, without limitation, thedisclosure of insider information under securities law or of another party’s trade secrets); (vii)contains any information or content that you do not have a right to make available under
any law or under contractual or fiduciary relationships; (viii) contains any information orcontent that you know is not correct and current or (ix) violates any company, employer orother applicable policy.
(c) You agree that any User Content that you post does not and will not violate third-party rightsof any kind, including without limitation any Intellectual Property Rights, rights of privacy orother rights of HADA or any third party.
(d) HADA reserves the right, but is not obligated, to reject and/or remove any User Content thatHADA believes, in its sole discretion, violates any of these provisions or is otherwise unlawful,offensive, threatening, libelous, defamatory, pornographic, obscene or otherwiseobjectionable.
In connection with your User Content, you affirm, represent and warrant the following:
(a) You have the written consent of each and every identifiable natural person in the UserContent, if any, to use such person’s name or likeness in the manner contemplated by theService and this Agreement, and each such person has released you from any liability thatmay arise in relation to such use.
(b) If applicable, you have the consent and appropriate rights in the User Content to use youremployer’s logos, trademarks, trade names or service marks in the manner contemplated bythe Service or this Agreement.
(c) You have obtained and are solely responsible for obtaining all consents as may be requiredby law to post any User Content relating to third parties.
(d) Your User Content and HADA’s use thereof as contemplated by this Agreement and theService will not violate any law or infringe any rights of any third party, including but notlimited to any Intellectual Property Rights and privacy rights.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
HADA takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that HADA shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “HADA Content”), and all Intellectual Property Rights related thereto, are the exclusive property of HADA and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any HADA Content. Use of the HADA Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
(a) You may choose to, or we may invite you to, submit comments or ideas about the Service,including without limitation about how to improve the Service or our products (“Ideas”). Bysubmitting any Idea, you agree that your disclosure is gratuitous, unsolicited and withoutrestriction and will not place HADA under any fiduciary or other obligation, and that we arefree to use the Idea without any additional compensation to you, and/or to disclose the Ideaon a non-confidential basis or otherwise to anyone. You further acknowledge that, byacceptance of your submission, HADA does not waive any rights to use similar or relatedideas previously known to HADA, or developed by its employees, or obtained from sourcesother than you.
(b) Notwithstanding any value attributed to such data by you or any third party, you understandand agree that any data, account history and account content residing on our servers, maybe deleted, altered, moved or transferred at any time for any reason in our sole discretion,with or without notice and with no liability of any kind. HADA does not provide or guarantee,and expressly disclaims, any value, cash or otherwise, attributed to any data residing on ourservers.
You may cancel your account at any time by withdrawing from the Services. Client or Administrator may suspend or delete an Employee’s account at any time. Once account is deleted, such Employee will no longer have any access to his or her User Content or other account information. HADA may suspend your usage of the Services or terminate this Agreement if HADA determines that it cannot maintain the performance of this Agreement for reasons that are attributable to you, such as your breach this Agreement or violation of any relevant laws or regulations.
We reserve the right to reclaim site names or subdomains on behalf of businesses or individuals that hold legal claim or trademark on those names, or otherwise have an interest in such names. Accounts using business names and/or logos that we determine, in our sole discretion, mislead or could mislead others will be subject to suspension at our discretion. You may not engage in site name squatting. Accounts that are inactive for more than ninety (90) days may be removed at HADA’s discretion and without further notice.
We are committed to protect your personal information such as the registration information in compliance with the relevant laws and regulations. Our methods of protecting personal information and location data are described in our Privacy Policy.
HADA utilizes physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(a) You may never use another User’s account without permission. You are solely responsible forthe activity that occurs on your account, and you must keep your account password secure.We encourage you to use “strong” passwords (passwords that use a combination of upperand lower case letters, numbers and symbols) with your account.
(b) As HADA may require fees for certain services from time to time, you shall maintain your IDand Password at all times.
(c) You shall be solely liable for any and all damages caused due to your misuse or negligence inmaintaining the ID or Password; provided that HADA will be liable for damages arising out ofsystem failure and other reasons attributable to HADA.
(d) You shall not allow any third party to use your ID or Password; and if you become aware oftheft or usage by any third party of your ID or Password, you shall immediately contact usand follow our instructions if applicable. HADA will not be liable for any losses caused by anyunauthorized use of your account.
(e) You may not change your ID without HADA’s prior written consent.
The Service may contain links to third-party materials that are not owned or controlled by HADA. HADA does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and HADA’s Privacy Policy do not apply to your use of such sites. You expressly relieve HADA from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that HADA shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
HADA may use vendors, contractors or other third-party service provides to help provide the Service to you, and we may change our use of such vendors and contractors at our sole discretion and without notice to you.
(a) Obligations
(i) HADA will not disclose your personal information to any third party without obtainingyour consent. Provided, however, HADA may disclose such information if HADA isrequired to disclose by valid order of a court or competent authority for the purposes ofinvestigation or other purposes under applicable laws.
(ii) HADA shall comply with this Agreement and all applicable laws and regulations.
(iii) HADA will use reasonable efforts to repair or restore damaged or lost data or anydefective equipment for the purpose of maintaining stable provision of Services unlessotherwise prevented by force majeure, urgent situation or any impediments or defectsthat may not be cured using reasonable technologies available.
(b) Warranties
(i) HADA hereby warrants operation and maintenance of the system to provide effectiveServices to its Users. Unless otherwise provided, the Service is provided on an “as is” and“as available” basis. To the maximum extent permitted by applicable law, the Service isprovided without warranties of any kind, whether express or implied, including, but notlimited to, implied warranties of merchantability, fitness for a particular purpose, ornon-infringement. No advice or information, whether oral or written, obtained by youfrom HADA or through the Service will create any warranty not expressly stated herein.Without limiting the foregoing, HADA, its subsidiaries, its affiliates, and its licensors donot warrant that the content is accurate, reliable or correct; that the service will meetyour requirements; that the Service will be available at any particular time or location,uninterrupted or secure; that any defects or errors will be corrected; or that the Service isfree of viruses or other harmful components. Any content downloaded or otherwiseobtained through the use of the Service is downloaded at your own risk and you will besolely responsible for any damage to your computer system or mobile device or loss ofdata that results from such download or your use of the Service.
(ii) HADA does not provide any warranties whatsoever with regards to the records ofattendance, payment of salary, lawfulness and non-infringement of a third party rights,all of which shall be determined between Client and Employees. Use of the Service is atyour own risk.
(iii) HADA does not warrant, endorse, guarantee, or assume responsibility for any product orservice advertised or offered by a third party through the Service or any hyperlinkedwebsite or service, and HADA will not be a party to or in any way monitor anytransaction between you and third-party providers of products or services.
(a) You shall comply with applicable laws, terms contained in this Agreement, guidelines,announcements made through the Services, and other information provided by HADA, andshall not engage in any conducts that may impede HADA’s business.
(b) You shall register accurate information as of today, and if there are any changes to theinformation registered, you shall update such information immediately.
(a) If you violate any of your obligations under this Agreement or obstructs normal operation ofthe Services, HADA may restrict your use of the Services.
(b) If HADA restricts your use as provided in the above paragraph, HADA will notify you of thefollowing:
(i) Reasons for restriction;
(ii) Type of restriction and duration; and
(iii) How to object
(a) If you wish to object to HADA’s restriction on your use of its Services, you shall deliver aformal objection letter stating your reasons for objection by mail, electronic mail, or similarmethods by fourteen (14) days after receiving HADA’s notice of restriction.
(b) HADA will respond to your objection letter by mail, electronic mail, or similar methods withinfourteen (14) days after receiving your letter. However, if it is not feasible to respond by suchdeadline, HADA may notify you of the new schedule and reasons thereof.
(c) If HADA deems your reasons for objection is reasonable, HADA may take necessarymeasures.
A. If HADA or you have breached this Agreement and caused damages to the other party, thebreaching party shall be responsible to compensate such damages, unless such breach wascaused without intent or negligence.
B. If HADA cannot provide Services due to natural disaster or any other causes that are beyond itsreasonable control, HADA will not be liable for failure to provide Services.
C. HADA will not be liable for errors caused due to reasons attributable to you.
D. HADA will not be liable for damages that you may have suffered due to information or materialsposted by another User. HADA will not be responsible for accuracy or credibility of anyinformation, materials or facts posted by a User.
E. You are solely responsible for your interactions with other HADA Users. We reserve the right, buthave no obligation, to monitor disputes between you and other Users. We shall have no liabilityfor your interactions with other Users, or for any User’s action or inaction.
F. HADA shall not be liable to compensate any damages arising out of unauthorized disclosure ofyour information if such disclosure was made due to your failure to safely maintain your ID orPassword.
G. If HADA suffers any damages due to your breach of this Agreement, you shall compensate anyand all such damages to HADA. You shall indemnify, defend and hold harmless HADA from andagainst any and all costs, expenses or any other liabilities to third party arising out of yourunlawful conduct or breach of this Agreement. If HADA is not fully indemnified, you shallcompensate for any and all damages suffered by HADA.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HADA without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
HADA may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, text messages, or any other method as determined by HADA in its sole discretion. If HADA deems necessary, for notices to be delivered to large number of its Users, HADA may announce its notifications on its website or Mobile Application to replace individual notice to each of its Users.
This Agreement, together with any amendments and any additional agreements you may enter into with HADA in connection with the Service, shall constitute the entire agreement between you and HADA concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and HADA’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
(a) Any dispute, controversy, or claim arising out of the Service between HADA and you, bothparties shall engage in good faith discussion to resolve the dispute.
(b) If such dispute cannot be resolved through discussions under paragraph (a) above, it shall befinally settled by arbitration in accordance with the International Arbitration Rules of theKorean Commercial Arbitration Board. The number of arbitrators shall be three. The seat, orlegal place, of arbitral proceedings shall be Seoul, Korea, The language to be used in thearbitral proceedings shall be English.
Please contact us at levi.lee@shoplworks.com with any questions regarding this Agreement.
G. Last Revision Date: [October 31, 2022]
