South Korea

Headquarters and homeland of TYM Tractors. Focused on the Korean market.

North America

For the US and Canadian market, with regional headquarters in North Carolina.

International

Global coverage and support for Europe, Africa, Asia, Oceania and South America.

Terms of Use

Last updated: December 11, 2020

Please read the following terms carefully before using the website hereafter referenced as “Service”.

1. Definitions

In this Terms of Use document,

Capitalized terms have meanings defined hereunder.

Unless a contrary indication appears, a term used in the Privacy Policy or Cookies Policy on the Service has the same meaning herein.

a) "Company" means [TONGYANG MOOLSAN CO., LTD., Dae Yong B/D, 7, Eonju-ro 133-gil, Gangnam-gu, Seoul, Korea] and will be referred to as “we” herein.

b) "Privacy Policy" means our privacy policy on the Service.

c) "Service" means https://tym.world (or tym.com), accessible from https://www.tym.co.kr or https://www.tym.com or other websites operated by the Company.

d) "Terms" mean these terms and conditions that form the entire agreement between you and the Company regarding the use of the Service.

e) "User" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. “User” may be referred to as “you” herein.

2. Acknowledgment

By using the Service, the User acknowledges and consented for the following Terms:

a) These are the Terms governing the use of this Service and the agreement that operates between you and the Company. The Terms set out the rights and obligations of all Users regarding the use of the Service.

b) Your access to and use of the Service is conditioned on your acceptance of and compliance with the Terms. The Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by the Terms. If you disagree with any part of the Terms then you may not access the Service.

c) You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company.

d) You assign all rights, title and interest in any feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.

e) The Service may contain links to other web sites that are not owned or controlled by the Company. The Company is not responsible and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.

f) You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

The Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Application or the Service and tells you about your privacy rights and how the law protects you.

3. Disclaimer

a) The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and if any, on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

b) Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

c) The information contained on the Service is for general information purposes only.

d) The Company does not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon and (ii) that the Service will be uninterrupted or error-free.

e) The Service may contain inaccuracies and typographical errors.

f) The Company does not warrant the accuracy or completeness of the Service or the reliability of any advice, opinion, statement or other information displayed or distributed through the Service. You acknowledge that any reliance on any such advice shall be at your sole risk.

g) The Company reserves the right in its sole discretion, to correct any errors or omissions in any portion of the Service and may make any other changes to the Service and the information contained on the Service at any time without notice.

h) The Company shall not be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service.

i) The Company does not warrant that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

j) The Service may contain copyrighted material, the use of which may not have been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research. This should constitute a “fair use” of any such copyrighted material (referenced and provided for in section 107 of the United States Copyright law). If you wish to use copyrighted material from the Service for your own purposes that go beyond fair use, you must obtain permission from the copyright owner.

k) The information on the Service is provided with the understanding that the Company is not engaged in legal, accounting, tax or other professional advice and services. It should not be used for consultation with professional, legal, accounting, tax or other advisers.

l) Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

4. Promotions

Any promotions (e.g. contests, sweepstakes or other types of promotions offered through the Service) may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

5. Intellectual Property

The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

6. Disclosure of Your Personal Data

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company nor its directors, employees, partners, agents, suppliers, or affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

7. Severability and Waiver

The Company may use third-party service providers to monitor and analyze the use of our Service.

7.1. Severability

If any provision of the Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

7.2. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

8. Termination

The Company may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately.

9. Governing Law

The laws of the United States, excluding its conflicts of law rules, shall govern this Terms and your use of the Service. Your use of the application may also be subject to other local, state, national, or international laws.

10. Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

11. Changes to the Terms

The Company reserves the right, at our sole discretion, to modify or replace the Terms at any time. If a revision is material, The Company will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

The Company will let you know via email and/or a prominent notice on the Service, prior to the change becoming effective and update the “Last updated” date at the top of this Legal Notice.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

12. Contact

If you have any questions about this Legal Notice, please contact us by email: happyth1101@tym.co.kr

Chapter One: General Provisions

These terms and conditions are intended to stipulate basic matters and other necessary matters related to the terms and conditions of use of Internet services provided by Tong Yang Corporation (hereinafter referred to as the company).

  1. These terms and conditions become effective by posting to the service menu and company, or by notifying members by other means.
  2. The company may change these terms and conditions if there is a reasonable reason, and if the terms and conditions are changed, it will be disclosed or notified in the same manner as in Paragraph 1 without delay.
  3. When a new service is opened or provided, these Terms and Conditions apply unless there is a special reason.

These terms and conditions apply to the use of the services of the company's site, and matters not specified in these terms and conditions are governed by the Basic Telecommunications Act, the Telecommunications Business Act, the Act on Promotion of Information and Communication Network Utilization, and other related laws.

Matters not specified in these terms and conditions will be subject to relevant laws or general business practices.

The definitions of terms used in this agreement are as follows.

  1. User: Refers to members and non-members who receive the services operated by the company in accordance with these terms and conditions.
  2. Member: A person who has registered as a member by providing personal information to the service operated by the company, and who can continue to use the service provided by the company.
  3. Non-member: A person who uses the services provided by the company without registering as a member.
  4. ID: A combination of letters and numbers selected by the member and approved by the company for member identification and member service use
  5. Password: A combination of letters and numbers set by the member himself to protect the member's confidentiality
  6. Service suspension: Stopping the provision of services for a certain period of time according to certain requirements set by the company during normal use
  7. Termination: When the company or member cancels the use contract after using the service
  8. Personal information: Refers to information that can identify the individual by name and date of birth as information about an individual (including cases that can be identified in combination with other information).

Chapter Two: Contract Signing

  1. Membership registration and use contract are established with the consent of the company to the user's agreement to these terms and conditions and application for use.
  2. When applying for membership, the user must accurately fill in the personal information requested by the company without falsehood.
  3. The company registers as a member of the users who have applied for membership as a member as described in Paragraph 2 unless they fall under any of the following items.
    1. In case of false registration, omission, or mistake when registering as a member
    2. When it is judged that registering as a member is significantly impeding the company's technology
    3. When it is recognized that other companies need to refuse subscription for public interest or site operation
    4. The timing of the membership registration contract is established upon approval of the company.
    5. If there is any change in the information entered at the time of registration, the member must notify the company of the change by e-mail or other means.
  1. Customers who want to use the service (hereinafter referred to as "users") can apply online or by phone by recording the required information in the company's prescribed application form.
  2. All information that the user enters on the subscription application form is considered to be real data, and the user who enters false information cannot receive legal protection and may be restricted from using the service.
  1. The company shall collect the minimum personal information such as name, address, and phone number necessary for the establishment and execution of service contracts by lawful and fair means.
  2. When a user applies for use in accordance with these terms and conditions, the company collects, uses, and provides the member information described in the use application in accordance with these terms and conditions, and the personal information established by the company for their information collected by the company. You agree to the applicable protection policy.
  3. Users can view, modify, add or delete personal information at any time through the user information modification page.
  4. The use of personal information of the user will be used in connection with the operation of the company's site, and the customer's information will be deleted when the operation of the site is stopped, and the user information will be destroyed when withdrawal of subscription due to the user's wishes.
  1. A member may request withdrawal from the company at any time, and the company may restrict, suspend or lose membership.
  2. The company does not approve any of the following applications.
    1. When applying in the name of another person or applying under a non-real name
    2. In case of applying by attaching false documents or entering false information
    3. If you are registered as a credit bad person for PC communications and Internet services under the Act on the Use and Protection of Credit Information
    4. In case it is difficult to approve the use due to reasons attributable to the customer applying for use
    5. When registered as a bad user of PC communication and Internet service with the Korea Communications Standards Commission
    6. In case of applying for the purpose of hindering the well-being of society or morals
    7. When the application requirements set by the company are insufficient
  3. The company may not approve the application for use of the service until the reasons for limiting approval for the application are resolved in the case of any of the following.
    1. When the company does not have enough facilities
    2. When there is a technical problem of the company
    3. In case it is difficult to approve the use of other companies
  4. In the event that the application for use is disapproved or restricted pursuant to the provisions of paragraphs 2 and 3, the Company shall immediately notify the user applying for use.
  5. The Company may restrict acceptance as specified separately if the customer applying for use is a minor.
  6. If the company determines that the reason in paragraphs 2 and 3 is serious and it is necessary to lose membership, the membership registration will be canceled. In this case, the member is notified and given an opportunity to explain before the member registration is cancelled.

If the company needs to notify the member, it can be done at the e-mail address submitted by the member to the company.

In the case of notification to a large number of unspecified members, the Company may substitute individual notifications by posting them separately on the site for at least one week.

  1. The company may change personal information and contract details by agreement with the user in the following cases.
    1. In case of disgust to others or contrary to public morals
    2. In case of other reasonable reasons
  2. If the information entered at the time of application for use is changed, the user must correct it online or in other appropriate ways, and the user is responsible for any problems caused by non-change.

Chapter Three: Rights and Obligations of Parties

  1. If the company deems that opinions or complaints raised by users are justified, it must immediately deal with them. However, if immediate processing is difficult, the reason and processing schedule must be notified to the user by writing, e-mail or telephone.
  2. The company is obligated to protect the personal information of users in accordance with the personal information protection policy established by the company.
  3. Notwithstanding the provisions of Paragraph 2, if the Company intends to use the personal information of the user or provide it to a third party in excess of the notified or specified range, the user must be notified in writing or e-mail individually to consent.
  4. In order to provide continuous and stable service, the company repairs or restores without delay when a facility is damaged or extinguished. However, in the event of a natural disaster, emergency or other unavoidable circumstances, the service may be temporarily suspended or suspended.
  5. The Company endeavors to provide convenience to users in terms of procedures and contents related to contracts with users, such as signing a contract of use, change and termination of contract details, etc.
  6. In accordance with the personal information handling policy, the company shall take technical and administrative measures necessary to secure stability in handling personal information of users.
  7. The company shall destroy the personal information without delay when it achieves the purpose of collecting or receiving personal information. However, exceptions apply in the following cases.
    1. If there is a need to preserve it in accordance with the regulations of the Commercial Act, etc.
    2. When the retention period is notified or specified to the user in advance
    3. In the case of individual consent from the user
  1. The user shall immediately notify the company of any changes in the contract of use such as address and contact information.
  2. Users shall not engage in any of the following acts that harm public well-being, order, or good morals.
    1. An act that is objectively judged to be associated with a crime, such as for the purpose of a criminal act or teaching a criminal act
    2. Act of illegally using the ID of other users
    3. Reproducing the information obtained from the service for purposes other than the use of the user without prior consent of the company, using it for publication, broadcasting, or providing it to a third party
    4. Acts that infringe on the rights of others, such as the company's copyright or the copyright of a third party
    5. Distributing information, sentences, figures, etc. of contents that violate public order and morals to others
    6. Acts that violate other related laws
    7. Content that harms good manners and other social order
    8. Actions that interfere with the company's business performance
  3. The user shall comply with the matters stipulated in these terms and conditions, the service use guide or precautions, and shall comply with the matters notified by the company or posted separately.
  4. The user may not use the service without prior written consent of the company, and the company is not responsible for the results of the violation.
  5. The user cannot transfer or donate the right to use the service or other status under the contract of use to another person, and cannot provide it as collateral, unless the company has express prior written consent.
  6. The user may not commercially use the materials posted on the service, such as processing and selling the information obtained by using the service.
  1. Except in the case of Article 11, members are responsible for managing personal information such as member name, ID, password, and e-mail address.
  2. Members shall not inform or allow third parties to use personal information such as name, ID, password, e-mail address, etc.
  3. Members are responsible for all consequences arising from negligence of personal information such as name, ID, password, and e-mail address, illegal use, and negligence in use.
  4. If a member recognizes that personal information such as his or her name, ID, password, e-mail address, etc. is being used illegally, immediately notify the company and follow the instructions of the company.
  5. Members shall not engage in acts that harm other people or harm other people through the services provided by the company, such as pornography, uncorrupted content, junk mail, and spam mail transmission.

Chapter Four: User rights

  1. When a user visits or requests access or correction of their personal information by using an electronic signature or user ID, the Company shall verify the identity of the person and take necessary measures without delay.
  2. The company shall take necessary measures so that users can view or correct their personal information on the service screen.
  3. The company may request that a representative of the user visits and requests for viewing or correction, to present proof of agency relationship.
  4. If the Company receives a request for correction of an error in personal information from a user pursuant to Paragraph 1, the Company cannot use the personal information until the error is corrected.
  1. In the event that a user visits or withdraws consent to an optional item pursuant to Article 7 by using an electronic signature or user ID, the Company shall verify the identity of the user and take necessary measures without delay.
  2. The Company shall take necessary measures so that users can withdraw their consent to the collection, use or provision of their personal information on the service screen.
  1. The company must prepare procedures for collecting opinions from users and handling complaints regarding personal information.
  2. The company shall receive and handle complaints from users through telephone, e-mail, or other appropriate means at the consultation counter on the service screen.

 

Chapter Five: Restrictions and conditions for service suspension

  1. Copyrights and other intellectual property rights for works created by the company belong to the company.
  2. The Company may terminate the contract of use or restrict the use of all or part of the service without prior notice in the event that the user falls under any of the following items.
    1. If the user's obligations specified in these terms and conditions are not fulfilled
    2. When transmitting a large amount of information for the purpose of interfering with the stable operation of the service or continuously transmitting advertising information against the intention of the recipient
    3. In case of distributing computer virus programs that cause malfunction of information and communication facilities or destruction of information, etc.
    4. In case of infringement of the intellectual property rights of the company, other users or third parties
    5. When there is a request for correction from an external agency such as the Information Communication Ethics Committee, or when the voter's interpretation is received by the Election Commission in connection with an illegal election campaign.
    6. In the case of illegal use of personal information such as user ID and confidential information of others
    7. When the information obtained by using the service information is reproduced, distributed, or commercially used without prior consent of the company
    8. In case of violating related laws such as telecommunication related laws
    9. In case of intentionally interfering with the company's service operation
    10. When one customer double-registers with a different ID
    11. In case of intentional dissemination of content that is impeded by public order and morals
    12. In case of any act that damages the reputation of others or causes disadvantage
    13. When a user posts pornographic material on his or her homepage and bulletin board or links to a pornographic site
    14. In case of violating the terms of use set by other companies, including these terms and conditions
  1. Users who have been subject to termination of the use contract or restriction of use according to the regulations may file an objection when there is an objection to the above measures.
  2. The company may temporarily postpone the suspension of use until the period for confirmation of objections pursuant to the provisions of Paragraph 2, and the result will be notified to the user.
  3. If it is confirmed that the reason for the suspension has been resolved during the suspension period, the Company will immediately cancel the suspension.
  1. The company may delete without prior notice if it is determined that the contents of the service posted or registered by the user fall under any of the following items.
  2. In the case of content that defames the company, other users or third parties, or defames by slander
  3. If the content violates public order and morals
  4. If the content is recognized as being linked to a criminal act
  5. If the content violates the copyright of the company or the copyright of a third party
  6. If the posting period specified by the company has been exceeded
  7. When a user posts pornographic material on his or her homepage and bulletin board or links to an obscene site
  8. If it is judged to be in violation of other related laws

If the user wishes to change the contents of the contract of use, such as address, the user may change it by using an appropriate method such as an application for change of the contract of use, service or telephone.

  1. The company may stop providing the service in any of the following cases.
    1. In case of inevitable construction such as maintenance of service facilities
    2. When the telecommunication service provider stipulated in the Telecommunications Business Act stops telecommunication services
    3. In case of other force majeure reasons
  2. The company may limit or suspend all or part of the service when there is a problem with normal service use due to a national emergency, power outage, failure of service facilities, or congestion in service use.

Chapter Six: Compensation for Damage Disclaimer

The Company does not compensate for damages if the damages received by the user from the service are force majeure such as natural disasters or caused by intention or negligence of the user.

  1. The Company shall not be liable for any damages arising from the user's failure to obtain the expected profits from the Company's service provision or the selection or use of service materials.
  2. The company is not responsible for any obstacles in the use of the service due to reasons attributable to the user.
  3. The company is not responsible for the authenticity, reliability, accuracy, etc. of the data posted or transmitted by the user and all data that the user can receive from this service.
  4. The company shall not be liable for any damages arising from the transaction of goods between users or between users and a third party through service.
  5. The Company is not responsible for any disputes between users or between users and third parties without reasons attributable to the company.

In the event of a dispute regarding personal information, the Company and the user may request the Personal Information Dispute Mediation Committee within the Korea Internet & Security Agency to process the dispute in a timely and effective manner. It is done by the court.