Article 1 General Rules
Section 1 Purpose
This Agreement are the rights, obligations and responsibilities of all services in respect of the use of internet-related services for the Member provided by MAKESTAR Co., Ltd. (hereinafter referred to as the "Company") through the website (makestar.com).
Section 2 Definition
- ”Company” means Makestar.Com.
- ”Site” refers to makestar.co, the website operated by the “Company.”
- "Service" means all services that can be provided by Company per Terms and Conditions through the website for the Member.
- ”Crowdfunding” is publicly raising pledges or investment for project opened by project creator from unspecified number of users/members through the service provided by the Company.
- ”User” is member and non-member who connect to the site and receive service provided by the Company according to the terms.
- ”Member” is individual or corporate customer who connects to the site, enter into service contract according to these terms, and use the service provided by the Company.
- "Unverified member" means an individual or company who completed the membership sign up process on the "Website" but has not completed verification process via email or other methods.
- ”Post” means text, photos, video, and other files and links in the informational form of signs•text•sound•audio•video uploaded/posted by User in using the Service
- ”Project” is the service opened in the space provided by the Company in order to receive contribution or investment from other members.
- ”Project creator” means “member” who opens a reward-based project or investment project through the service provided by the Company.
- ”Pledger” means “member” who pledges to the Project creator by choosing a Project which is open through service provided by the Company and pledge amount.
- ”Reward” is goods promised by the Project creator to be provided to the Pledger after completion of the project.
- ”Investor” means member who chooses a Project which is open through services provided by the Company, and chooses an amount to invest in the Project creator.
- Besides what has been specified in each rule above, the definition of words used in these terms will follow the transaction customs and related laws.
Section 3 Display of terms and revision
- ”Company” will display the contents of terms on the first screen of website so the user can easily check. (It will be posted on the website.)
- ”Company” can revise the terms within the range which does not violate the law related to financial investment business, laws related to consumer protection in electronic transactions, laws regarding regulation of terms, laws regarding door-to-door sales, and consumer protection laws.
- In case the Company revises terms, the revision will be made, effective date will be determined, then they will be posted on the website on a designated date, at least 7 days before the effective date. Also, for existing members, besides the announcement on the website, they will be notified via the email that they entered at registration as well.
- When the Company makes revision in terms and notify the users following rule 3 above, if the user does not express intention to disagree within 7 days after the effective date, it will be assumed that he/she agreed to the revised terms.
- In case a Member does not agree to the revised Terms, he/she may apply for cancellation of Membership to the Company.
Section 4 Not Specified By the Terms
What has not been specified in these Terms or the interpretation will follow the related laws or the custom of trade.
Section 5 The nature and purpose of Service
- "Service" provided by "Company" is an online platform that facilitates transactions between "Members", and "Creator" with "Participant. "Company" does not lend or borrow money from "Member."
- Responsible parties for transactions established between the "Members," or "Creator" and "Participant," are the "Members," or "Creator" and "Participant" themselves. However, the Company may provide necessary documents, etc., for the disputes between trading parties within the scope of the relevant laws.
Article 2 Membership registration, etc.
Section 6 Membership Registration
- Service contract is entered into when a person who desires to become a Member (Membership Applicant), agrees to Terms, applies for membership, and the Company approves.
- An individual who subscribes the membership with someone else's personal information cannot claim any right as Member. The account will be deleted, and may be subject to civil and criminal penalties according to related laws.
- It is principle rule that one Member has only one account and if a Member has more than one account, his/her account(s) will be deleted, membership cancelled, or he/she may be banned from applying for Membership again. Also, the Member who has more than one account cannot claim any rights to those other accounts.
- Upon sign up, the user will be classified as an 'Unauthenticated Member'. The user must authenticated their account by email or other means to be upgraded to a 'Full Member' status in order to make full use of the services on the "Site".
- When a person has stayed as "Unverified member" after ten days of his or her membership subscription to the "Website", the membership automatically cancel and the user information is deleted.
Section 7 The Approval and Limitation of Application to Use Service
- As long as there is no special reason not to, the Company will approve the Membership Applicant’s application. However, in following cases, it may be denied or even after it is approved, the Company may cancel the Membership at any time.
A. When someone applies for Membership with a name that is not his/her real name, or by using someone else’s personal information
B. When the Membership Applicant has lost eligibility to apply for Membership following these Terms before, but the Company will give an exception if he/she has been given approval for re-applying for the Membership
C. When the User entered false information or did not enter the information requested by the Company
D. When the User applied for Membership with intention to harm the public peace, order, and traditional customs.
E. When he/she intends to use the Service for ill purposes
F. When he/she threatens the order within electronic transactions by disrupting someone else from using the Service, or stealing someone else’s information
G. When a User has breached the terms of service or does not adhere to the Company's regulations.
H. When a User who is in the competitive position with the Service applies
I. When the approval is impossible due to attributable reasons or in case he/she applied violating other specified various terms
J. The account applicant is under 13 years of age
K. A non-permanent, temporary email service was used at sign up
- The Company may limit or postpone the application’s approval in following cases
A. When there is no room in the Company’s service related system
B. When there’s technical problem in providing service
C. When the applicant is underage
D. When it is acknowledged that there is a reason that comes close to the other cases above
- The Company may divide Members into different levels and according those levels, usage time, usage numbers, and service content, etc. may differ.
Section 8 Duty to protect personal information
The Company shall try best to protect Member’s personal information according to related laws such as information network law. About the protection and use of personal information, related laws and the Company’s personal information handling regulations will apply. However, for websites outside the Company’s official website, the Company’s personal information handling regulations do not apply.
Section 9 Member’s account and password management
- The responsibility of managing Member’s account and password belongs to the Member him/herself, and he/she shall not let a third party use it.
- The Member may not change the account given by the Company, and may not have more than one account. In case he/she desires to change the account for unavoidable reasons, he/she will need to cancel the membership and register again.
- In following cases, the Company may request change of account to the Member, and in this case, the Member has to cancel Membership and register again.
A. In case that the User’s account is registered with phone number or identification number, etc. so the invasion of privacy is worried
B. In case the User’s account causes repulsion from others or it is against traditional customs
- The Company may limit an account’s use, when there’s risk of personal information to leak or if the account has possibility of getting mistaken as an account that belongs to the Company or Company’s administrator.
- In case a Member finds out his/her account and/or password has been used by someone else, the Member shall notify the Company and follow their instructions.
- In case of Clause 5 above, if the Member does not notify the Company or has notified the Company but did not follow the instructions, the Company is not responsible for any loss.
- The account of Service provided by the Company may be linked to account on a different site operated by the Company under the Member’s agreement.
- Parts regarding other member information management or change shall follow what is decided by directions for different services.
Section 10 Changing member information
- Member may view or modify his/her personal information through personal information management screen. However, he/she cannot modify real name, account, and date of birth, which are needed for service management.
- When any of information entered at the time of registration changes, the Member shall notify the company of the change of information by updating the information online or sending an email, etc.
- The Company is not responsible for any loss occurred from not notifying the Company of change of information from 2).
Section 11 Leaving the site, etc.
- Member may leave and request cancellation of use contract at any time through cancellation menu within the Site, and the Company has to process it immediately according to the related laws.
When a Member leaves site and cancels use contract – except in case the Company keeps Member information according to related laws and personal information handling regulations – all of member’s information is deleted upon cancellation.
Article 3 Duty and responsibility
Section 12 Company’s duty
- The Company does not take any action that is not allowed by these Terms or any action against traditional customs and will do best to provide continuous and stable service.
- The company will make a security system to protect personal information protection so the Member can use Service safely, and follow personal information handling regulations.
- In case there is an error in electronic transaction, the Company shall produce and keep a record that this can be checked
- In providing electronic financial transaction service, the user’s personal information, bank account information, account information, and contents of electronic financial transaction shall not be provided, leaked, or used by third party, without following related laws, or acquiring the user’s agreement.
- The Company will process immediately if the opinion or complaint from Member recognized as reasonable. However, when it’s impossible to process it immediately, the reason and the processing period will be notified
- The Company does not send email with commercial purpose unless the Member has agreed to receive it.
- When there is membership cancellation request, the Company will process the request immediately after member verification.
Section 13 Company’s responsibility
- In case an accident occurs when the Company is the issuer of verification tool or user/management and forging or falsifying information happens, the user’s loss in the process of transaction or transaction order will be compensated by the Company
- While the previous rule is still valid, in the following cases, the Company is not responsible for loss compensation for the User.
A. In case the Company is not the issuing agent of verification method, and the loss occurred to the User from an accident from forging or falsification of the verification method
B. In case the User authorize a third party to lend/transfer or use the verification method, provide it as a collateral purpose, or the User giveaway, expose, or neglect the verification method even though he/she knew or could find out that the third party could use it for electronic financial transaction without authority
C. In case loss occurred to corporation (Small businesses stated in the Section 2, Clause 2 of “Standard Small and Medium Business Law,” are exceptions) user, in which the Company has done enough duty of care which is reasonably requested such as setting up a security procedure to prevent accidents, and thoroughly complying with them
D. In case the service cannot be used because of problem in public communication line which is not the Company’s area of management
E. In other cases with problem in communication service in which there is no reason for fault for the Company
- Even though there was a transaction request from the User, the processing was impossible or delayed because of blackout, fire, communication line problem, and other uncontrollable reasons but the reason why it was impossible or delayed was notified by the Company(the cases in which the financial institution or payment method issuing agent/telemarketing business has notified the User are included), the Company is not obligated to the User The Company shall notify the User of suspension schedule and suspension reason beforehand through company’s website in case the providing of service is temporarily suspended because of reasons such as need for repair, inspection, or replacement of communication facilities such as computers, have occurred.
Section 14 Duty of Member
- Members shall not do the following.
A. Entering false information at the time of membership registration or when updating information
B. Using other member’s account, password, etc.
C. Selling the account to someone else
D. Pretending to be the Company’s operating staff, employee, or related personnel
E. Changing the company’s client program without being given special authority from the Company, hack the company’s server, or change the part or whole of the website or posted information
F. Harm service or disrupt on purpose
G. Using the information acquired through this service for other purposes besides using the service, such as processing, selling, duplicating, transmitting, distributing, using the information for publishing or broadcasting, or providing it to the third party
H. Invading the intellectual property right of the Company or the third party, or sending content that invades these rights to transmit, upload, email, or distribute it to others through other methods
I. Sending, uploading, emailing information, sentences, shapes, sound, or videos that violate public order and traditional customs
J. Sending, uploading, emailing contents that could violate someone else’s honor or privacy because it is insulting or it is personal information
K. Harassing or threatening other member, or continuously giving pain or inconvenience to specific user
L. Collecting or saving other member’s personal information without the company’s approval
M. Any action that is objectively considered to be associated with crime
N. Any action that disrupts company’s tasks or that damages the reputation of the company
O. Providing the right to use service or other position from the use contract by handing over, giving away, or providing as collateral without expression of consent from the Company
P. Any action that violates the various rules or use conditions given by the company including these Terms
Q. Any action that violates other laws
- Member shall follow related laws, these Terms, other various rules made by the Company, service use instruction, announcements and others that are notified by the Company
- Member cannot have sales activities by suing the Service without approval from the Company beforehand. Any transaction which occurred between members or through a third party service is unrelated with the Company and the Company has no responsibility regarding it.
- In case a Member has caused loss to the Company by violating rule 3 above, the Member shall compensate for that loss to the Company.
Section 15 Notice for Members
- When the Company makes a notice to the Member, they can use email address or message within the Service unless there is a separate rule about it in these Terms.
- In case a Member expressly refused receiving of emails, the Company may send an email in case they need to fulfill the responsibility stated in the related laws or these Terms.
- In case there is a notice for all the Members, the Company may change from the rule 1 by posting the notice on the bulletin board of website for over 7 days.
Article 4 The use of the service
Section 16 Provision and change of Service
- The "Company" provides "Service" to "Member."
- "Company" provides "Members" with all "Services", including "Services" for ongoing events. In accordance with Article 6, paragraph 3, however, the "Service" provided for each Member may be differentiated depending on Member's level.
- When there is a service change, the Company shall notify the Member of the service which will be changed and the provision date through the methods specified in the Article 15.
Section 17 Management of uploaded/posted material
- The Company shall try to prevent the material uploaded/posted by Member from falsification, damage, and deletion
- The Company may reject registering, or delete, move, or change the material that includes the following contents
A. Content that severely insults or damages reputation of another Member or a third party
B. Content that violates public order and traditional custom or which includes link through which someone can connect to such site
C. Explicit content is uploaded/posted or link to site with explicit contents has been added
D. Content that encourages piracy or hacking
E. When an advertisement with commercial purpose over when the posting is a spam
F. Content that is objectively considered to be associated with crime
G. Content that violates the copyright or other rights of the Company, other Member, or a third party
H. Content that does not suit the characteristic of the board that User desires to register on
I. When commercial software or a crack file has been uploaded/posted
J. When the purpose of uploading is not met by uploading same content several times
K. Content that violates other company’s various rules or related laws
- The Company may set detailed use regulations for separate services, and Members shall upload contents (forwarding between members included) according to these regulations.
- The Company may delete the content registered by a Member when it is different from the direction of service.
Section 18 Where the right of uploaded/posted content belongs
- The copyright and intellectual property right of all the uploaded/posted content by the Company belongs to the Company
- The copyright of contents that are uploaded/posted by a Member within service screen belongs to the Member who uploaded/posted it
- About the content that the Member has the copyright, the company may use them (It includes providing Meta data to external website that is operated by other company that is affiliated with the Company) and regardless of whether it is for commercial purpose or not, it can be used freely within the website operated by the Company. In case the Member agrees to the Terms, it will be considered that intellectual property rights, etc. need for the uses stated above has been given to the Company and it is valid even after the Member cancels the membership.
- In case the Company desires to use the contents uploaded/posted by a Member besides the ways stated in the rule 3 above, they shall get Member’s agreement beforehand through methods such as phone call, fax, electronic mail, etc.
Section 19 Posting Advertisement
- "Company" can post notifications on the Website or Service page, send email, message, SMS message, and other notification methods concerning the operation of the Service. However, "Company" only sends notifications to "Member" who has opted in to receive notifications.
- The user using the ad posted within the service or communicating or having transaction through engaging in the advertiser’s promotion activity, etc., is completely a matter between the user and the advertiser. Even if a problem occurs between them, the user and advertiser themselves shall resolve it, and the Company does not take any responsibility related to it.
Section 20 Service use time
- The Company starts service at the point the Member’s use contract has been approved. However, for some services, the service begins on the specified date.
- The Company may divide the service into certain ranges, and may specify the time it may be used depending on the range. In this case, this information will be announced to the members.
- This service is provided 24 hours a day, 365 days a year. However, when there is task or technical problem, or technical backup and site’s improvement is needed, the service may be suspended momentarily. In this case, the Company will announce it beforehand or afterward.
Section 21 Service use limit or cancellation of Membership
In the following cases, the Company may limit or suspend Member’s service use or cancel his/her membership.
- When Member disrupts the Company’s operation of service on purpose or by mistake
- When Member violated the Member’s duty defined in the Section 12.
- When a member has more than one account
- When it’s inevitable due to regular checkup of communication facilities or system, or maintenance related reasons such as expansion and replacement, repair and checkup, failure, etc.
- When the communication service has been interrupted by the key telecommunications service provider set by Telecommunications Business Act
- When using the service is interrupted by state of national emergency, service facility problem, or service use overload
- When an account or nickname that violates traditional customs has been used
- When there is correction request from related administrative office or public institution
- When the service has not been used for over 3 months
- When using the board as file archive by uploading data without index file, etc.
- When content or data mentioned in the section 15, clause 2, has been uploaded or registered
- When someone else’s payment information has been stolen and used or a transaction happens through dishonest method
Section 22 Application of a project
- The opener of project shall choose the type of crowdfunding from sponsor type, investment type, loan type, or combination type, and also choose if they will be receiving the funds only when target amount is met or receiving the funds regardless of how much is raised then apply for opening a project. Member who wishes to open a project may apply to do so by following the form and procedure provided by the Company. At this time, the opener may enter a contract separate from the Company regarding the opening of a project.
- The submitted project will be evaluated to see if it is in accord with the following criteria and operation direction set by the Company and only the approved projects are posted on the website.
A. Whether the regulation and procedure for opening a project has been followed
B. Whether the project opening form has been filled out
C. whether the files requested have been provided
D. Whether it violates related laws, public order, or traditional customs
E. Whether there is a purpose to damage someone else’s reputation or give disadvantage to someone else
F. whether it suits various project evaluation criteria set by the Company
G. Whether other requests necessary for opening a project has been met
- There shall be no false information, omission of entry, or spelling error in the contents of project that Member applied to be opened, and the Member is responsible for any disadvantage that occurs from not following this term.
- All the rights and responsibilities for project contents and files made and provided by Member, belong to the Member and when it is considered that the contents of project that Member registered fit any of the following, it may be deleted without notice beforehand and the Company does not take any responsibility regarding it. Also depending on the case, the Company may request to the Member who registered the project for explanation.
A. When is confirmed that the member information or project information provided by the Member was false
B. When it is about invading a third party’s intellectual property rights or other rights
C. When contents not approved by the Company beforehand, has been posted
D. When a Member posts contents that are explicit, harassing, cursing, damaging reputation, or illegally revealing personal information, or links a website related to such purpose
E. When a Member revised or manipulated project information illegally
F. When it is considered that related laws have been violated
- Project approved to be registered can be posted on the website or service related website even after the application accepting period is over.
Section 23 Revision of Project
- Before the project is approved by the project, the revision can only made after requesting the revision to the Company and within the range that is approved by the Company.
- After the project is approved, part of project page cannot be changed, cancelled, or deleted any more. In case the project applicant Member revises, changes, or deletes the part which is not allowed to be revised, Member who pledged to the project can take legal action such as filing for a claim for the damage/loss, and the Company is not responsible for any disadvantage caused by this.
Section 24 Project Cancellation
- Before the project is approved, the project may be cancelled freely, and it may be cancelled by making a request to the Company. However, the fee used until the point of cancellation shall be paid to the Company.
- After the project has been approved, the application to open project cannot be freely cancelled by the opener before the deadline of the project.
- The project cannot be cancelled after the project ends as a success. However, in case there is a special objective reason that the Company acknowledges, the cancellation is possible but a fee set by Section 33 below has to be provided.
- The revision of project will be notified through update, and Member can check it at any time.
Section 25 Payment Method
“Member” may make payment within the website through methods set by the “Company”(credit card, real time account transfer, virtual account, etc.) and for accurate and secure payment processing, customer’s information is provided to a pay gate company in accordance with related laws.
Section 26 Cancellation and refund of payment
- Payment cancellation and refund regulations shall follow related laws such as law related to protection of consumer in electronic transaction, etc.
- Depending on the nature of the individual 'Project', the Company may set the cancellation and refund policy according to the separate Terms. In this case, the cancellation and refund policy in the individual Terms on the 'Project' page shall take precedence.
- For other cancellation and refund related matter not specified in these Terms or use instruction of website, it will follow what has been set in the consumer loss compensation regulations.
Section 27 Refund in case of failure for project type in which funds are received only when target amount is reached
- In case the project type in which funds are received only when target amount is reached is withdrawn in the middle or it failed because it didn’t reach the goal amount that was applied for, all the pledge amount payment made within 10 days from the date that the (cancellation) reason occurred, will be processed for cancellation.
- The processing time of refund following an actual payment cancellation despite Clause 1 above, may differ depending on financial institution such as the card company.
Section 28 Cancellation and refund fee
- In case of cancellation just from simple change of mind, the fee that occurs in processing refunds shall be paid by the Member.
- Cancellation and refund fees are handled differently depending on the payment method, and cancellation and refund fees will follow separate cancellation and refund policies on each ‘Project’ page.
Section 29 Project success
- For the contribution collection result for project type in which the funds are received only when goal amount is met, it is a success if the raised amount is over the goal amount set by the Member based on the total pledge amount that is made at the time of project deadline set by the Member, and this goal amount is not met, the project is considered a failure.
- For project in which funds are received regardless of how much is raised, success and failure are not separately specified, and the amount raised will be passed on to the Project creator.
- For project’s final contribution amount, cancellation and revision application before the contributing period deadline can be reflected.
- In case the project’s contribution collection has failed, the Project creator cannot claim any right for the funds raised until that point, and according to the procedure previously notified, the Company will cancel all of amounts pledged by the pledgers.
Section 30 Passing on the funds
- Regards to the passing on of pledge amount that has been raised, the Company may make request to the Project creator for documents that can be proof of identification such as copy of identification, copy of bank book, copy of resident registration, and business license, etc., and besides these, documents that are requested have to be submitted to the Company in order for the contribution amount to be passed on normally.
- It is rule that the raised funds/contribution amount must be deposited to the Project creator’s account, and depositing to any other account can be authorized based on criteria set by the Company.
- The Company shall pay the amount excluding fees to the Project creator, and about the fee amount, they shall issue tax receipt. The Project creator shall honestly fulfill the duty of paying taxes about the amount received.
- The raised funds shall be deposited to the account requested by the opener within 15 days since the request for payment is made after the deadline of the project.
- The Company and Project creator must put all efforts into passing on the raised funds transparently, and it being used for purpose of the project.
Section 31 Use of contributions
The Project creator shall use the funds received from the success of project only for executing and completing the promised project, and for expenses related to fulfillment and shipping of promised goods, and he/she will be completely responsible for any disadvantage occurred from not fulfilling them.
Section 32 Provision of rewards
- The Project creator has responsibility to fulfill the promise between a Member and another Member, or Member and a third party, and providing pledged goods option, and the said Member is responsible for disadvantage that occurred from not fulfilling them.
- The Project creator shall post the content about the goods which will be provided, quantity, provision schedule on the website for the contributors, and when goods cost collection is successful, he/she is responsible to fulfill them. If the Project creator does not fulfill what has been promised, it has been differently or partially fulfilled from the content posted on purpose, or when defective goods are provided, contribution amount will be withdrawn by the Company and said member is responsible for claim for loss compensation by the contributor.
- The Project creator has duty to honestly reply and respond to inquiries about the project, and goods that will be provided to the contributor.
Section 33 Fees
- Subscription to membership, Project opening and/or participation are free. A fee will be charged to the Creator of Project when the Project is successful. The fee is specified in the contract for opening the Project.
- Different fee rates are applied for project type in which the funds are received only when the goal amount is met, and for project type in which the funds are received regardless of how much is raised.
- The Company and opener may enter a separate contract to decide on the fee rate.
- In case the Company wants to charge fee for service use for other services, the standard of assessment and other details on the website 7 days before it is enforced.
Section 34 Translation service
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Article 5 Others
Section 35 Limit of Responsibility
- In case the Company limits or suspends service, or cancels membership because of reasons stated in the Section 17, Clause 2, and Section 21, Clause 1, the Company does not have responsibility to compensate for Member’s loss from it.
- The Company is not responsible for loss occurred from the Member poorly filling out personal information or did not fulfill the revision responsibility stated in Section 9, Clause 2.
- The honesty, accuracy, and reliability of the information, data, facts, etc., that member posted on the website, are not guaranteed by the Company. Whether to make use of the posted material or not, depends on each Member’s responsibility and judgment, and the Company is not responsible at all for the results.
- The Company does not have responsibility to be involved in the dispute that occurred from the service between the members or between Member and a third party. The Company does not take responsibility for the loss of Member or a third party caused intentionally or negligently by a Member related using the Service.
Section 36 Loss Compensation
- In case a loss occurs to the Company because of the user violating the duties from these Terms, the user has to compensate for the Company’s loss.
Section 37 Applicable Law and the Competent Court
- The Company and Member shall make necessary efforts to amicably resolve dispute that occurred in regards to the Service.
- In case a lawsuit is filed due to the dispute despite the previous clause, it shall be resolved at the court that has jurisdiction where the Company is located.
- The dispute between the Company and Member will be handled in accordance with Korean laws.
MAKESTAR MALL Terms and Conditions
Article 1 (Purpose)
This Agreement is the rights, obligations, and responsibilities of the Cyber Mall (hereinafter referred to as the "Mall") and the Member in respect of the use of internet-related services provided by MAKESTAR Co., Ltd. (hereinafter referred to as the "Company") through the website (makestar.com).
Article 2 (Definition)
The definitions of used terms are as follows.
- "Mall" means the virtual business place on which the Company set for transacting goods and services by using information and communication facilities such as computer so that it may provide goods and services (hereinafter referred to as “Goods and Services” to the User. The term is also used as a business operating a cyber mall.
- "Service" means all services that can be provided by Company per Terms and Conditions through the website for the Member.
- "User" means a member or a non-member who uses Service provided by the “Mall” in accordance with this Agreement through the access to the "Mall".
- “Member” means a person who subscribed the membership by providing his or her personal information to the "Mall", for which the member may be informed of the "Mall" on a continuous basis and use the Service offered by the “Mall”.
- “Non-Member” means a person who use the Service offered by the “Mall” not subscribing to the membership.
Article 3 (Display, Explanation & Modification of User Agreement)
- The "Mall" shall, for easier recognition by Users, display the contents of this Agreement, name of company and president, business address (including the address where customer complaints may be treated), telephone number, fax number, email address, business registration number, mail-order business registration number, staff in charge of privacy management, et cetera on the initial service page of the cyber mall. Notwithstanding the foregoing, the contents of this Agreement may be exposed to Users through a link page.
- The "Mall” shall obtain the confirmation of a User for important matters such as cancellation of purchase, delivery obligation, refund terms, et cetera through a separate link page or pop-up window before the User agrees on this Agreement so that the User may understand such important matters.
- The "Mall" may modify this Agreement within the extent that it does not violate applicable laws, e.g. the Law related to Protection of Consumer on E-commerce, Et Cetera, the Law related to Limitation of Agreement, Basic Law of Electronic Transaction, Electronic Signature Law, the Law related to Stimulation of Use of Information and Communication Network & Information Protection, the Law related to Call Sales, Et Cetera, the Consumer Protection Law, et cetera.
- In the event of any modification of this Agreement, the announcement stipulating the date of application and the cause of modification shall be displayed on the initial page from 7 days prior to the date of application to the previous day of the same date. Notwithstanding the foregoing, in the event that such modification becomes disadvantageous Users, such modification shall be announced at least 30 days prior to the date of application. The announcement shall include a table specifying the modification on a before-and-after basis for easier understanding of Users.
- In the event of any modification of this Agreement, the modified Agreement shall be applied only to the contracts to be concluded after the date of application, whereas the provisions of this Agreement prior to the modification shall be applied to the contracts which have been previously concluded prior to the same date. Notwithstanding the foregoing, in the event that a User who already entered into the Contract sends his or her intent to be applied by the provisions of the modified Agreement to the “Mall” within the period of announcement for the modification of this Agreement in accordance with Clause and acquires the approval of the "Mall", the provisions of the modified Agreement shall be applied accordingly.
- The matters not stipulated herein and the interpretation of this Agreement shall be in accordance with the Law related to Protection of Consumer on E-commerce, Et Cetera, the Law related to Limitation of Agreement, the Consumer Protection Policy on E-commerce, Et Cetera stipulated by the Fair Trade Commission, and other applicable laws and commercial practices.
Article 4 (Provision & Replacement of Service)
- The "Mall" shall perform the following duties:
- Provision of information regarding product or service and conclusion of purchase contracts
- Delivery of product or service on purchase contract
- Other duties designated by the "Mall"
- The “Mall” may replace product or service provided by the contract to be concluded in the event that product or service is sold out or technical specifications are changed. In this case, the “Mall” shall immediately announce the replacement of the product or service and the date of application on the page where the present product or service is displayed.
- In the event that product or service on the contract with a User needs to be replaced because the product or service is sold out or technical specifications are changed, The “Mall” shall immediately notify the cause to the address of the User.
- In the event of the occurrence of the previous clause, the “Mall” shall compensate the User for damages. Notwithstanding the foregoing, this shall not apply if the “Mall” proves that such event is not caused by its intention or negligence.
Article 5 (Suspension of Service)
- The “Mall” may temporarily suspend the provision of Service in the event of any repair, inspection, replacement, breakdown of information and communication equipment such as computers, or interruption of communication.
- The “Mall” shall compensate User or 3rd party for damages caused by the temporary suspension of provision of Service due to the cause(s) in Clause ①. Notwithstanding the foregoing, this shall not apply if the “Mall” proves that such event is not caused by its intention or negligence.
- In the event of any unavailability of provision of Service due to the conversion of business item, abandon of business, integration between businesses, et cetera, the “Mall” shall notify the fact to Users in the manner stipulated in Article 8, and compensate consumers in accordance with the conditions which are initially suggested by the “Mall”. Notwithstanding the foregoing, in the event that the “Mall” has not notified the criteria for compensation, the “Mall” shall pay Users for their mileage or reserve in kind or cash of which value corresponds to the currency being used at the “Mall”.
Article 6 (Membership)
- The User shall apply for the membership by expressing his or her intent to agree on this Agreement after filling out the form designated by the “Mall” with the member information.
- The “Mall” shall register the User who applied for the membership in the manner stipulated in Clause ① as a Member provided that the User is not engaged in one of the following items. In the event that:
- the applicant ever lost its membership in the past in accordance with Clause 3 of Article 7 of this Agreement. Notwithstanding the foregoing, this shall not apply to those acquired the approval of the “Mall” for re-subscription of the membership since 3 years has passed from the date of loss of membership in accordance with Clause 3 of Article 7 of this Agreement;
- there is false information or omission in the registered contents; or
- the “Mall” deems that the applicant may cause significant inconvenience to be registered as a Member.
- The Membership shall be effective at the time that the Member receives the approval of the “Mall”.
- The Member shall notify any change of its information to the “Mall” in accordance with Clause 1 of Article 15 through email or other communication method.
Article 7 (Withdrawal from Membership & Loss of Eligibility)
- The Member may at any time request for the withdrawal from its membership to the “Mall”, and the “Mall” shall proceed with the withdrawal on the request of the Member.
- In the event that a Member is engaged in one of the following items, the “Mall” may limit or suspend the eligibility of the Member. In the event that the Member:
- registered false information at the time of the application for membership;
- has not paid the price of goods it purchased through the “Mall” or other liability borne by the Member in respect of the use of the “Mall”;
- interrupts others to use the “Mall” or threats the order of e-commerce, e.g. illegal of personal information; or
- takes any action being against the laws, this Agreement and good public order and customers by using the “Mall”.
- The “Mall” may cancel the membership of the Member whose membership was suspended or limited, and repeated the same action twice or more, or the cause is not corrected within 30 days.
- In the event of the cancellation of membership, the “Mall” shall notify it to the Member, and give the Member 30 days or more to grant an opportunity to explain the cause prior to the cancellation.
Article 8 (Notification to Members)
- In the event of any notification of the “Mall” to a Member, it may be delivered via an email address designated by the Member through the agreement with the “Mall”.
- The “Mall”, in the event of the notification to unspecified Members, may replace individual notification by displaying such notification on the board linked in the website of the “Mall” for 1 week or more. Notwithstanding the foregoing, the “Mall” shall give individual notice to a Member in respect of any matter which may have a significant influence on the Member regarding his or her transaction.
Article 9 (Request for Purchase)
The User shall apply for purchase in accordance with the following manner or other similar manner at the “Mall”, and the “Mall” shall provide the User with the following information in the form which the User may easily understand in his or her request for purchase. Notwithstanding the foregoing, the Member may be exempted from the application of Item 2 or Item 4 below.
- Search and selection of goods, et cetera;
- Entering name, address, telephone number, email address (or mobile phone number);
- Confirmation of matter(s) in respect of the contents of this Agreement, the service(s) of which right of cancellation of purchase is limited, obligation of delivery fees and installation fees, et cetera;
- Expression to agree on this Agreement, or confirm or refuse the Item 3 above (e.g. mouse click);
- Application for purchase of goods and confirmation of such application, or agreement on the confirmation of the “Mall”; or
- Selection of payment method.
Article 10 (Conclusion of Contract)
- The “Mall” may not accept the request for purchase in Article 9 if it falls one of the following items.. Notwithstanding the foregoing, in the event of the conclusion of contract with a minor, the “Mall” shall notify that the failure to acquire the agreement of the legal representative may cause the cancellation of the contract by the minor him(her)self or the legal representative. In the event that:
- there is false information or omission in the registered contents;
- the minor purchase any product or service restricted in the Youth Protection Law, e.g. cigarette or liquor;
- the “Mall” deems that the applicant may cause significant inconvenience to accept the application for purchase; or
- The contract is deemed to be concluded when the acceptance of the “Mall” is delivered to the User in the form of the confirmation of receipt stipulated in Clause 1 of Article 12.
- The acceptance of the “Mall” shall include the information such as confirmation of the application for purchase of the User, availability of sales, and correction or cancellation of the application for purchase.
Article 11 (Payment Method)
The method of payment for a product or service purchased through the “Mall” may be selected among the following items. Notwithstanding the foregoing, the “Mall” may not collect any additional fees on the amount of the product or service.
- Account transfer, e.g. phone banking, internet banking, mail banking, et cetera;
- card payment, e.g. prepaid card, debit card, credit card, et cetera;
- Online non-bankbook deposit;
- Electronic money;
- Point offered by the “Mall”, e.g. mileage;
- Gift voucher contracted or approved by the “Mall”; or
- Other payment by electronic means.
Article 12 (Notice of Receipt, Change and Cancellation of Application for Purchase)
- In the event of an application for purchase of a User, the “Mall” shall notify the User with the receipt of the application.
- In the event that there is any discordance between expressions of intent, the User who received the notice of receipt may change or cancel the application for purchase immediately after the User receives the notice, and in the event of any request of a User prior to the delivery, the “Mall” shall deal with the request without any delay. Notwithstanding the foregoing, in the event that the payment has been already made, it shall be in accordance with the stipulation related to the cancellation of purchase in Article 15.
Article 13 (Provision of Goods)
- Unless otherwise stipulated herein in respect of the schedule for the provision of goods, the “Mall” shall take necessary measures to deliver the goods within 7 days from the date of purchase by a User such as customized production or packaging. Notwithstanding the foregoing, in the event that the “Mall” has received the whole or the part of the payment for the goods, such measures shall be taken within 3 business days from the date of receipt of the payment. At that time, the “Mall” shall take necessary measures to make the User check the procedures of provision of the goods and delivery process.
- The “Mall” shall specify, for the goods purchased by a User, the delivery method, payer of delivery fees by method, period of delivery by method, et cetera. In the event that the “Mall” exceeds the designated period of delivery, it shall compensate for damages to the User. Notwithstanding the foregoing, this shall not apply if the “Mall” proves that such event is not caused by its intention or negligence.
Article 14 (Refund)
In the event that the product or service which a User applied for purchase may not be provided or delivered due to sold-out or other cause, the “Mall” shall notify the situation to the User without any delay, and in the event that it has received the payment for the product or service in advance, it shall refund the payment or take necessary measures within 2 business days from the date of receipt of the payment.
Article 15 (Cancellation of Purchase)
- The User who concluded the contract for the purchase of goods with the “Mall” may cancel the purchase within 7 days from the date on which the User received the notice of receipt.
- The User may not return or change the good which he or she received through delivery in the event of one of the following items. In the event that:
- the goods delivered is lost or damaged with the responsibility of the User (Notwithstanding the foregoing, the cancellation of purchase may be acceptable in the event of the damage on packaging for checking the contents in the box.);
- the value of the goods is significantly decreased due to the use or consumption by the User;
- the value of the goods is significantly decreased thus not available for re-sale due to the lapse of time;
- the packaging is damaged, if the goods may be reproduced to the goods showing the same performance;
- The cancellation of purchase by User shall not be limited if, in the case of Item 2 or Item 4 of Clause 2, the “Mall” did not specify the fact that the cancellation of purchase is limited for easier recognition by consumer or not take necessary measures, e.g. provision of a sample.
- Notwithstanding Clause 1 and Clause 2, the User may cancel his or her purchase of goods within 3 months from the date of receipt of the goods or within 30 days from the date on which he or she recognized or could recognize that the contents of goods differ from the advertisement or the provision of contract.
Article 16 (Effect of Cancellation of Purchase)
- In the event of the return of goods from a User, the “Mall” shall refund the payment for the goods within 3 business days from the date on which it had received the payment. In the event that the “Mall” caused a delay of the refund to the User, it shall pay interest calculated with overdue interest rate announced by the Fair Trade Commission for the number of days of delay.
- Regarding the above-mentioned refund and in the event that the User made a payment for the goods with credit card or electronic money, the “Mall” shall request the business who provided such payment method to suspend or cancel the payment without any delay.
- In the event of any cancellation of purchase, the User shall bear the cost for return of the goods provided. The “Mall” shall not claim for cancellation charge or compensation for damages to the User in respect of the cancellation of purchase. Notwithstanding the foregoing, in the event of the cancellation of purchase caused by that the contents of goods differ from the advertisement or the provision of contract, the “Mall” shall bear the cost for return of the goods.
- In the event that User bore the delivery fees when he or she received the goods, the “Mall” shall specify who would bear the cost for the cancellation of purchase for easier recognition of the User.
Article 17 (Protection of Personal Information)
- The “Mall” collects minimum information necessary for the execution of the purchase contract with Users. The following items shall be necessary information and others are optional.
- National ID Number (not for Members) or foreigner registration number;
- Telephone number;
- ID (for Members);
- Password (for Members); or
- Email address (or mobile phone number).
- In the event that the “Mall” collects personal information available for identification of User, it must obtain the approval of the User.
- The personal information may not be used for any purpose and provided to any 3rd party without the approval of the User, and the “Mall” shall be responsible for the matter. Notwithstanding the foregoing, it shall not apply to the following items. In the event that:
- the “Mall” informs the delivery service provider with minimum information of User for performing delivery duty (e.g. name, address, telephone number);
- such personal information is necessary for statistics, academic research or market research, and provided in the form that a certain individual may not be identified;
- such personal information is necessary for the settlement of payment for transacting products, et cetera;
- such personal information is necessary for the identification against illegal use; or
- there is inevitable cause by regulation or law.
- In the event that the “Mall” is required to acquire the approval of User by Clause 2 and 3, it shall specify or notify the provision stipulated in Clause of Article 22 of the Law related to Stimulation of Use of Information and Communication Network & Information Protection, e.g. identity of the personal information manager (post, name, telephone number, other contact), purpose of collection and use of information, matters related to the provision of information to 3rd party (recipient, purpose of provision and information to be provided), et cetera.
- Users may at any time request for the confirmation and correction of error on their personal information possessed by the “Mall”, the “Mall” shall be responsible for taking any necessary measures without any delay. In the event that a User requests for the correction of an error, the “Mall” shall not use the applicable personal information until it corrects the error.
- The “Mall” shall limit the number of managers for protecting personal information, and be responsible for any damages of User caused by loss, disclosure or falsification or personal information of the User including credit card and bank account.
- The “Mall” or any 3rd party who received personal information from the “Mall” , shall without any delay destroy personal information after it achieves its purpose of collection of the personal information.
Article 18 (Obligations of “Mall”)
- The “Mall” shall not take any action restricted by the law and this Agreement or being against the good public order and customs, and put its best efforts to provide products and services on a stable basis in accordance with the provisions in this Agreement.
- The “Mall” shall equip the security system for the protection of personal information of Users (including credit information) so that the Users may safely use online services.
- The “Mall” shall be responsible for the compensation to User(s) if it has caused damages to the User(s) by displaying or adding unjust or unreasonable advertisement for a certain product or service in accordance with Article 3 of the Law related to Fairness of Display and Advertisement.
- The "Mall" shall not send e-mail for commercial purposes that the user has not consented to.
Article 19 (Obligations for ID & Password of Member)
- Each Member shall be responsible for the management of his or her ID and password, except the case in Article 17.
- Each Member shall not allow any 3rd party to use his or her ID and password.
- In the event that a Member recognizes that his or her ID and / or password is stolen or used by a 3rd party, the Member shall immediately notify the fact to the “Mall”, and follow the instruction of the “Mall”, if required.
Article 20 (Obligations of User)
Users shall not:
- register false information at the time of its application or change of information;
- steal others’ personal information;
- change of information displayed on the “Mall”;
- remit or display any information other than the information selected by the “Mall” (computer program, et cetera);
- infringe the copyright or the intellectual property right of the “Mall” or a 3rd party;
- take any action to bring disgrace on or interrupt the operation of the “Mall” or a 3rd party; or
- disclose or display any information containing indecent or violent message, video, voice, and other information being against the good public order and customs.
Article 21 (Relationship between Liking Mall & Linked Mall)
- In the event that the main mall and the sub-mall are linked with the hyperlink (e.g. the subject of hyperlink includes text, image and video), the former is called as the Linking Mall (Website) and the latter is called as the Linked Mall (Website).
- The Liking Mall shall not be responsible for any transaction with the User for any product or service independently provided by the Linked Mall if the Liking Mall specify its intent of such non-guarantee on the initial page at the website of the Liking Mall or pop-up window.
Article 22 (Copyright & Limitation of Use)
- The copyright and other intellectual property right for the works produced by the “Mall” shall be belonged to the “Mall”.
- The User may not use or cause any 3rd party to use the information of which intellectual property right is belonged to the “Mall” among those acquired in the course of the use of the “Mall” for the reproduction, transmission, publishing, distribution, broadcasting or other profit-making use without the prior consent of the “Mall”.
- The “Mall” shall notify the User when using the copyright belonged to the applicable User in accordance with mutual agreement.
Article 23 (Resolution of Dispute)
- The “Mall” shall reflect the reasonable opinion or complaint made by User(s), and install and operate an organization for dealing with compensation for damages.
- The “Mall” shall give priority to any opinion or complaint made by User(s). Notwithstanding the foregoing, in the event that it may not promptly deal with the matter, the “Mall” shall notify the User with the cause and the schedule to make the treatment done.
- In the event that there is any application for remedy by a User regarding the dispute raised between the “Mall” and the User, the matter may be treated in accordance with the settlement of the Fair Trade Commission or the arbitration commissioned by the Mayor or the jurisdiction.
Article 24 (Jurisdiction & Governing Law)
- Any and all e-commerce-related lawsuits raised between the “Mall” and a User shall be in accordance with the address of the User at that time of the suing, and in the event of there is no address, such lawsuit shall be exclusively controlled by the competent court of jurisdiction. Notwithstanding the foregoing, in the event that the address or residence of the User at that time of the suing is not clear or in the event of the foreigner, the lawsuit shall be filed to the competent court on the Civil Procedures Code.
- Any and all e-commerce-related lawsuits raised between the “Mall” and a User shall be governed by the law of the Republic of Korea.