SECA Terms&Conditions

Article 1 (Purpose)

These Terms of Use set forth the rights, obligations, and responsibilities of Samsung Electronics Co., Ltd. (hereinafter referred to as “Samsung Korea”) and the User with respect to the use of the BQMS website and services (“Service”) operated by Samsung Electronics.

Article 2 (Definition)

  1. 1. 'BQMS' means a partner B2B system operated by Samsung Electronics. BQMS provides a Single Sign-on function and services related to tendering and procuring goods and services for Samsung Electronic’ local subsidiaries around the world (each, a “Local Samsung”, being Samsung Electronics Canada Inc. in Canada “Samsung Canada”, and together with Samsung Korea “Samsung Electronics”).
  2. 2. 'User' means a business, undertaking or legal entity who receives the Services either directly or via individuals acting on behalf of the User or in its interests (i.e. Members) accessing BQMS.
  3. 3. 'Member' refers to an individual who has provided his/her personal information to Samsung and who can constantly receive Samsung information and continue to use the Services provided by Samsung either for their own benefit or for the benefit of a User.

Article 3 (Notice, Explanation, and Amendment of the Terms of Use)

  1. 1. These Terms of Use are available both on the BQMS front page or via the connecting screen. Acceptance of these terms in full is condition of use of the Services and for any bid or tender to Samsung Electronics. Each Member must be able to consent to these terms on behalf of their Member.
  2. 2. Samsung Electronics may amend these Terms of Use to the extent that such amendment does not violate the relevant acts, such as the Act on Consumer Protection in Electronic Commerce Transactions, Etc., Regulation of Standardized Contracts Act, Framework Act on Electronic Commerce, Digital Signature Act, Act on the Promotion of Information and Communication Network Utilization and Information Protection, Etc., Door-to-Door Sales, Etc., Act, Consumer Protection Act, etc.
  3. 3. In case Samsung Electronics amends the Terms of Use, it shall post the effective date and reasons for amendment along with the current user agreement on the initial page of the Samsung Electronics website starting from seven (7) days before the effective date to the day before the effective date.
    Notwithstanding the foregoing, the Member shall be notified of any and all amendments to the Terms of Use prejudicial to him/her at least thirty (30) days in advance. In such case, Samsung Electronics shall specifically compare the pre- and post-amendment details for the Member's easy identification of the difference.
  4. 4. In case Samsung Electronics amends the Terms of Use, such amendment shall be applied to contracts made on or after the adoption of the amendment but not to the existing contracts, which are governed by the provisions of Terms of Use applicable before the amendment. Notwithstanding the foregoing, the provisions of the amendment shall be applied in case Samsung Electronics obtains the existing Users' consent (via any Member) to the application of the amended Terms of Use within the period stipulated in Section 3.
  5. 5. Failure by the User to object expressly to the amendments despite a clear notice by Samsung Electronics regarding the assumed consent by the User within thirty (30) days of the notice shall be regarded as having provided consent to the amendments.
  6. 6. In case the User does not consent to the application of the amended Terms of Use, the provisions of such amendment shall not be applied, and the User (via any Member) may terminate the use agreement. Notwithstanding the foregoing, In case the existing Terms of Use cannot be applied for special reasons, the Company may terminate the use agreement.
  7. 7. Matters other than those provided in these Terms of Use and the interpretation of these Terms of Use shall be governed by the Act on Consumer Protection in Electronic Commerce Transactions, Etc., Regulation on Standardized Contracts Act, Guideline for Consumer Protection in Electronic Commerce Transactions stipulated by the Fair Trade Commission, and relevant laws and regulations or commercial practices.

Article 4 (Provision and Change of Service)

  1. 1. Samsung Electronics shall perform the following operations:
    1. a.New application of Single sign-on ID
    2. b.Renewal of Single sign-on ID
    3. c.Samsung Electronics BQMS System Single sign-on
    4. d.Other functions defined in BQMS
  2. 2. Samsung Electronics may provide the User and Member with a variety of information as deemed necessary for Service use via e-mail or written mail; if the Member does not want to receive such information, he/she may refuse to receive information by making a request to the person in charge.
  3. 3. User may submit bids and tenders through BQMS in response to Samsung Electronics request. In respect of any such bid, tender or submission, User, acting via any Member making the actual submission:
    1. a.By submitting the document, grants Samsung Electronics a non-exclusive, global, royalty free, perpetual, irrevocable licence to (i) use, copy, reproduce, store and otherwise process in any way necessary such bid, tender or submission for the purposes of reviewing, assessing, comparing, analysing, archiving or otherwise dealing with the bid, tender or submission; and (ii) sublicence any professional advisor, Samsung Electronics subsidiary, subcontractor or consultant to do the same, in both cases to the extent and for the stated purposes of the bid;
    2. b.warrants that there are no third party trade secrets and no third party IPR which Samsung Electronics will be dealing with illegally or unlawfully by receiving, reviewing and dealing with the submitted information as set out in this clause;
    3. c.acknowledges that it is not guaranteed to be offered work on the basis of the submission, or at all;
    4. d.acknowledges that Samsung Electronics may modify the expected bid process, or decide to discontinue the entire process at any time and without liability;
    5. e.acknowledges that Samsung Electronics will not pay for the bid (payment for resulting goods or services being subject to contract) or for any loss of opportunity or chance resulting from a failed bid;
    6. f.confirms that it has had full opportunity to obtain all relevant information for the bid or has fully allowed for any unknown factors and Samsung Electronics and has not relied on any representation by Samsung Electronics or any person connected to them which is not net out in the written tender documentation;
    7. g.confirms that the User has prepared the bid and pricing on the basis of Samsung Electronic’ legal terms no legal terms attached to, referred to, or contained within Member’s submission shall be binding on Samsung Electronics or a condition of the pricing, goods or services mentioned in the submission; and
    8. h.understand that User should not start any work or provide any services until both parties have signed a written contract – Samsung Electronics staff do not have authority to give any verbal or email authority to proceed in the absence of a contract and financial authorisation number,

Article 5 (Suspension of Service)

In case of repair and check, replacement or failure of information/communication equipment such as computer, or communication disconnection, Samsung Electronics may temporarily suspend the Service. In respect of any tender or bid deadline, Samsung Canada will act reasonably in considering whether any suspension should result in an extension to the time to submit tenders or responses.

Article 6 (Application for Membership)

BQMS receives and accepts an application for membership through the BQMS system without a separate procedure for membership.

Article 7 (Member Withdrawal and Disqualification)

  1. 1. Samsung Electronics or Local Samsung may terminate a Member’s Buyer Workspace (or the workspace of all Members of a User) and access to the system in the event of:
    1. a. Detection of any false, misleading or fraudulent data;
    2. b. duplicate or multiple accounts;
    3. c. any action by a User which Samsung Electronics believes has as its object or effect disruption to the system, compromise of the system, or any violation of privacy or security of any party;
    4. d. any breach of the Terms of Use; or
    5. e. any use of the system which is unlawful, immoral, contrary to Samsung’s ethical standards or acceptable use policies.

Article 8 (Notice to Member)

Any notice to Members or User by Samsung Electronics may be sent to the e-mail address designated based on mutual agreement between the Members and Samsung Electronics.

Article 9 (Processing of Personal Data)

  1. By using BQMS, Members agree to Samsung Electronics collecting, using and disclosing their personal data in accordance with the terms of the Global BQMS Privacy Policy, available here .

Article 10 (Obligations of Samsung Electronics)

  1. 1. Samsung Electronics shall neither commit any act prohibited by laws and regulations and these Terms of Use nor violate public customs but shall make every effort to provide the Services constantly and stably in accordance with these Terms of Use.
  2. 2. Samsung Electronics shall prepare its security system for protecting the personal information of the User (including credit information) for the User's safe use of Internet service.
  3. 3. Samsung Electronics shall not transmit any advertising information for commercial purposes against the will of the User.

Article 11 (Obligations of the Member Regarding the ID and Password)

  1. 1. The responsibilities for the management of ID and password other than those under Article 9 shall be borne by the Member.
  2. 2. The Member shall not permit a third party to use his/her ID and password.
  3. 3. In case the Member discovers that his/her ID and password have been stolen or used illegally by a third party, he/she shall report such fact and follow Samsung Electronics' instruction, if any.

Article 12 (Obligations of the User)

The User shall not commit the following acts :
  1. 1. Falsified registration in application or change
  2. 2. Change of information posted in BQMS
  3. 3. Transmission or posting of information (such as computer program, etc.) other than those specified by BQMS
  4. 4. Infringement of intellectual property rights such as copyrights of Samsung Electronics or a third party
  5. 5. Any act defamatory to Samsung Electronics or a third party or disruptive to its operations
  6. 6. Display or posting in Samsung Electronics of indecent or violent message, video, or voice or other information disrupting public order

Article 13 (Relationship between the Connecting Website and the Connected Website)

  1. 1. In case Samsung Electronics and its sub-websites are interconnected by means of hyperlink (e.g., objects of hyperlink include letters, pictures, moving images, etc.), the former is referred to as the connecting website, and the latter, the connected website.
  2. 2. In case Samsung Electronics specifies on its initial page or pop-up page at the time of interconnection its disclaimer of warranty for the transaction made between the disconnected website and the User regarding the goods supplied by the connected website, Samsung Electronics shall not be liable for the warranty for such transactions.

Article 14 (Ownership and Limitation of Copyrights)

  1. 1. The copyright or all other intellectual property rights to any work made by BQMS shall be owned by Samsung Electronics.
  2. 2. The User and Member shall neither use the information obtained during the use of the Service nor cause a third party to use such information for commercial purposes by means of reproduction, transmission, publication, distribution, broadcasting, or other methods without prior approval from Samsung Electronics.
  3. 3. When intending to use information belonging to the User in accordance with the Terms of Use, Samsung Electronics shall notify the applicable User accordingly

Article 15 (Dispute Resolution)

Samsung Electronics shall prioritize the handling of any complaint or opinion submitted by the User; if promptly handling such matters is difficult or impossible, however, Samsung Electronics shall notify the User of the reason for the delay and the expected schedule of handling.

Article 16 (Choice of Law)

These Terms of Use are written under the laws of the Province of Ontario, and federal laws of Canada applicable therein without reference to conflict of laws. These Terms of Use shall be governed by laws of the Province of Ontario, and subject to the courts of that jurisdiction.

Article 17 (Disclaimer of Warranty)

Unless required by applicable law or agreed to in writing, Samsung Electronics provides the BQMS and Services on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. User is solely responsible for determining the appropriateness of using or the BQMS and Services and assumes any risks associated with the BQMS and Services under these Terms of Use.

Article 18 (Limitation of Liability)

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall Samsung Electronics be liable to User or Member for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of these terms of Use or out of the use or inability to use the Services (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such User or Member has been advised of the possibility of such damages

Article 19 (Supplementary Provision)

These Terms and Conditions are effective as of February 1, 2015.
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