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Terms and Conditions
Article 1. Purpose
①The purpose of these Terms of Use is to specify the rights, obligations, and matters of responsibility for the website (hereinafter the “Mall”) operated by Fanlight Co., Ltd. (hereinafter the “Company”) for the Mall and the users in using the Internet-related services provided by the Mall (hereinafter “services”).
② These Terms of Use specify Members’ rights, responsibilities, and the terms and conditions of their use of the services provided by the Company through the Fanslike mobile application (hereinafter, the “App”) accessible by mobile device.
These Terms of Use shall be applied mutatis mutandis to e-commerce transactions using PC communications and wireless, etc., so long as they do not conflict with the essential nature of such transactions.
Article 2. Definitions
① “Company” shall mean Fanlight Co., Ltd.
② "Mall" shall mean the website operated by the Company called “Fanslike”.
③ The “Services" refer to all services provided by the Company through the Website and the App and are accessible in accordance with the Terms of Use specified herein.
④ The “Users" refer to members and non-members who access the Services provided by the Company through the Website and the App.
⑤ The “Members" refer to entities registered as members on the Website and the App, who are able to continuously use the Services provided by the Company.
⑥ "Non-member" shall mean any person who has not registered for membership with the Mall, and who uses the limited services provided by the Company to non-members.
⑦ The “App” refers to the mobile application operated by the Company.
Terminology not expressly defined in Paragraph 1 or these Terms of Use shall be interpreted as-is under general business circumstances.
Article 3. Posting and Modification of the Terms of Use, Etc.
① The Company shall post the provisions of these Terms of Use, tradename and the name of the representative, address of the principal place of business (including the address of the place where consumer complaints may be handled), phone number, facsimile number, email address, business registration number, and telemarketing business registration number, and personal information manager, etc., on the initial service page (front page) of the Website and the App to ensure that they are visible and intelligible to the users. Notwithstanding the foregoing, the provisions of the Terms of Use may be viewed via a linked page.
② The Company shall provide a separate linked page or a pop-up window to inform users of key provisions related to items such as withdrawal from membership, responsibility for delivery, and refunds among the provisions articulated and specified hereunder prior to the users’ consent to the Terms of Use, and shall secure the users’ confirmation.
③ If the Company seeks to modify these Terms of Use, the Company shall post the details of the modification on the corporate website or a similar electronic communication medium so that the members may verify them 7 days prior to the effective date of the modified Terms of Use. Notwithstanding the foregoing, if the Terms of Use are modified due to an institutional change following the enactment or amendment of related laws and regulations, and where there are urgent and unavoidable circumstances which make it difficult to provide relevant information in line with the main text, the details of the modification shall be posted in the same manner as with the preceding sentence prior to the effective date.
④ Where the Company amends the Terms of Use, the amended Terms of Use shall be applied only to contracts executed on or after the effective date, and the Terms of Use before the amendment shall be applied to contracts which had been executed before then. Notwithstanding the foregoing, if users who have already executed a contract notify the Mall of their intent to accept the amended Terms of Use during the notification period for the amended Terms of Use pursuant to Paragraph 3 and secure the consent of the Company, the amended Terms of Use shall be applied.
⑤ The Company shall inform members of any modification of the Terms of Use in advance via a manner agreed upon with the members, such as by email, by 1 month prior to the effective date of the modified Terms of Use if and where the modified provisions as per Paragraph 3 are unfavorable to the members. Notwithstanding the foregoing, this provision shall not be applied if the provisions before the modification are applied to the existing members as they are, or if the members express their wish not to receive a notification of the modified provisions.
⑥ In giving the notification as per Paragraph 5, the Company shall specify that "Where the member does not consent to the modification of the Terms of Use, the contract may be terminated.” In addition, if the member does not express his or her intent to terminate the contract by the business day prior to the effective date of the modified Terms of Use, the member shall be deemed to have consented to the modification.
⑦ If the member does not express the intent to terminate the contract by the business day prior to the effective date of the modified Terms of Use after receiving the notification as per Paragraph 6, they shall be deemed to have consented to the modification.
⑧ Concerning the matters not specified hereunder and the interpretation of these Terms of Use, the Act on Consumer Protection in Electronic Commerce, Etc., Act on the Regulation of Terms of Use, the consumer protection guidelines on e-commerce, etc., provided by the Fair Trade Commission, and the relevant laws and regulations, or commercial practices and customs shall be observed.
Article 4. Provision and Modification of the Services
① The Company shall carry out the following businesses.
1. Provision of information on goods or services, and execution of purchase contracts
2. Delivery of goods or services for which a purchase contract was executed
3. Other businesses determined by the Mall and the App.
② The Company may modify the provision of the goods or services to be provided pursuant to the contracts to be executed in cases where a product or a service becomes sold out or out of order, or due to a change of technical specifications. In such event, the provisions of the modified goods or services as well as the date of provision shall be specified and immediately announced at the location where the details of the current goods or services are posted.
③ Where the details of the services for which a contract was executed with the users for provision by the Company are modified for any reasons, including the goods being sold out or a change in technical specifications, the users shall immediately be notified of the relevant reason at the address they have provided for such notifications.
④ In the situation specified in the preceding Paragraph, the Company compensates the users for any damages suffered thereby. Notwithstanding the foregoing, this provision shall not be applied if it is proven that the Mall is free of any willfulness or negligence.
Article 5. Hours of Use for the Services
① The Company shall commence the services once the members’ application for use has been approved. Notwithstanding the foregoing, some services may be commenced from a specified date.
② The Company may divide the services into a certain scope and may also separately specify the available times of use for each range. In such event, the relevant members shall be informed of the details.
③ These services shall be provided 24/7, 365 days per year. Notwithstanding the foregoing, the services may be temporarily suspended when necessary due to business reasons, technical obstacles, or technical upgrades and corporate website improvement. In such event, the Company shall so notify users in advance or on an ex-post basis.
Article 6. Temporary Suspension of the Services
① The Company may temporarily suspend the provision of services for reasons that may include maintenance and inspection, replacement and breakdown of the information and communication facilities such as computers, or disruption of telecommunications service.
② The Company shall compensate for any damages suffered by the users or any third parties due to a temporary suspension of the services for any of the reasons specified in Paragraph 1. Notwithstanding the foregoing, this provision shall not be applied if it is proven that the Company is free of any willfulness or negligence.
③ Where the provision of services becomes unfeasible or impractical due to a change of business type, surrender of business, consolidation of companies, etc., the Company shall notify users in the manner specified in Article 9, and shall compensate consumers according to the Terms of Use initially presented by the Company. Notwithstanding the foregoing, if the Company does not specify the criteria for compensation, etc., the users’ mileage or points, etc., shall be paid in kind or cash equivalent to the currency value accepted at and by the Mall and the App.
Article 7. Membership Signup
① Users shall apply for membership by entering the member information using the registration form prescribed by the Company and by expressing their intent to consent to these Terms of Use.
② Minors under the age of 14 cannot sign up for membership.
③ Customer who is above the age of 14 requires mobile phone authentication or email authentication when signing up for membership.
④ The Company shall register users who apply for membership as per Paragraph 1 as members unless any of the following Sub-paragraphs apply.
1. The applicant for membership has previously lost his or her membership status pursuant to Article 8 Paragraph 3 of these Terms of Use; provided, however, than an exception shall be made if the Company's approval of re-signup for membership is obtained after 3 years have elapsed following the loss of the membership status pursuant to Article 8 Paragraph 3
2. There is false information, omission, or error in the registration details provided
3. It is determined that registering for membership will significantly impede the Company's technology
⑤ The membership contract shall be deemed to be executed if and when the Company's approval reaches the member.
⑥ Should there be any change in the information provided at the time of the membership registration, the member shall notify the Company of the change within a reasonable period of time, such as by revising the membership information.
Article 8. Membership Withdrawal and Loss of Qualification
① Members may request to withdraw from membership at any time, and the Company shall immediately process such withdrawal of their membership.
② Where any of the following applies, the Company may restrict or suspend the membership qualification.
1. Member has provided false information in the application for membership
2. Member has not made payment for goods, etc., purchased using the Mall and the App, or failed to pay the debts in connection with other uses of the services by the due date
3. Member has threatened the order of e-commerce such as by interfering with others’ use of the services or stealing information
4. Member has used the Mall and the App to commit acts prohibited by the laws and regulations or these Terms of Use, or which are against public order and customs
③ After the Company restricts or suspends the membership, if the same act is repeated twice or more, or if the relevant reason or cause is not addressed within 30 days therefrom, the Company may disqualify the user from membership.
④ If the Company disqualifies the user from membership, the membership registration shall be revoked thereby. In this event, the relevant member shall be notified and be provided with an opportunity to explain by specifying a period of 30 days or longer before the revocation of the membership registration.
Article 9. Notice for the Membership
① When the Company gives notice to the membership, such notices will be sent to the email address specified by the member in an advance agreement with the Company.
② When there is information for the general membership, the Company may post such information on the Mall and the App’s bulletin boards for a week or longer in lieu of sending individual notices. Notwithstanding the foregoing, individual notices shall be given for matters having a material impact on the member’s own transactions.
Article 10. Making Purchases
① The users of services shall make purchases on the Mall and the App in the following or a similar manner, and the Company shall provide each of the following details in a manner that is easy to understand when the users attempt to make purchases.
1. Search and selection of goods, etc.
2. Entry of information such as the recipient's name, address, phone number, and email address (or mobile phone number), etc.
3. Confirmation of the details of the Terms of Use and the payment including services for which the right to withdraw subscription is restricted, cost of delivery, and installation charge
4. Agreeing to these Terms of Use and confirming or rejecting the matters of Subparagraph 3 above (such as by clicking)
5. Request for purchase of goods, etc., and receipt, or consent to the Company’s receipt
6. Selection of the payment method
② If the Company needs to provide or consign the purchaser's personal information to a third party, the Company shall secure the consent of the purchaser at the time of the actual purchase request; comprehensive consent for such provision or consignment shall not be obtained in advance at the time of the membership signup. At such time, the Company shall specify to the purchaser the items of personal information provided, the recipient, the purpose of using the personal information by the recipient, and the period of retention and use. Notwithstanding the foregoing, should there be other provisions under the relevant laws and regulations such as cases of consignment of the personal information handling pursuant to Article 25 Paragraph 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., they shall be observed accordingly.
Article 11. Execution of the Contract
① The Company may not approve purchase requests made under Article 10if any of the following Subparagraphs apply. Notwithstanding the foregoing, when executing a contract with a minor, notification shall be made such that the minor or their legal representative may rescind the contract if the consent of the legal representative is not obtained.
1. The purchase request includes false information, omission, or errors
2. A minor attempts to purchase goods and services prohibited by the Youth Protection Act, such as tobacco and alcohol
3. It is determined that the approval of purchase requests is significantly limited by the Company's technology
② The contract shall be deemed to be executed when the Company's approval reaches the users in the form of a notification of receipt as per Article 13 Paragraph 1.
③ The Company's marking of approval shall include information on the confirmation of the users’ purchase request, whether sale is available, and correction and cancellation of the purchase request, etc.
Article 12. Method of Payment
The method of payment for goods or services purchased at the Mall and the App may include any of the following. Notwithstanding the foregoing, the Company shall not collect any fees or charges in addition to the price of goods, etc., in relation to the users’ method of payment for any reason.
1. Various means of account transfer such as mobile phone banking, online banking, and mail banking
2. Various means of card payment such as prepaid card, debit card, and credit card, etc.
3. Online passbook-less deposit
4. Payment and settlement via electronic currencies
5. Payment upon receipt
6. Payment via the points paid by the Company including mileage
7. Payment via gift certificates for which contract is executed with the Company or recognized by the Company
8. Other payment via electronic method of payment, etc.
Article 13. Notification of Receipt and Modification/Cancellation of Purchase Requests
① The Company shall send a notification of receipt to the user when the user makes a request for purchase.
② Users who receive the notification of receipt may request the modification or cancellation of the purchase request immediately after receiving the notification should there be a discrepancy in the expression of intention, etc., and the Company shall respond to such request without any delay and handle it accordingly if and where there is a request from users prior to delivery. Notwithstanding the foregoing, if the payment has already been made, the provisions of Article 16 regarding the withdrawal of subscription, etc., shall be observed.
Article 14. Supply of Goods
① The Company shall take other necessary actions such as production to order and packaging, etc., so that the goods, etc., may be delivered within 7 days of the date on which the users have completed subscription, unless there is a separate agreement with the users regarding the timing of supply for the goods, etc. Notwithstanding the foregoing, if the Company has already taken all or some of the payment for goods, etc., actions shall be taken within 3 business days from the date on which all or some of the payment were received. At such time, the Company shall take appropriate actions so that the users may verify the supply procedures and the progress for goods, etc.
② For the goods purchased by the users, the Company shall specify the method of delivery, the person responsible for the delivery cost for each means, and the period of delivery for each means. If the contracted period of delivery is exceeded, the Company shall compensate users for any damages suffered thereby. Notwithstanding the foregoing, this provision shall not be applied if it is proven that the Company is free of any willfulness or negligence.
Article 15. Refund
The Company shall notify users of the relevant cause or reason without any delay when the goods, etc., requested for purchase cannot be delivered or provided due to such reasons as being sold out, and shall provide a refund or take actions needed to enable such refund within 3 business days from the date on which the payment for goods, etc., was received if payment was made in advance.
Article 16. Withdrawal of Subscription
① Users who have executed contracts for the purchase of goods, etc., with the Company may withdraw from subscription within 7 days from the date on which contractual provisions were received pursuant to Article 13 Paragraph 2 of the Act on the Consumer Protection in Electronic Commerce, Etc. (or the date on which the supply of goods, etc., commenced, or the goods, etc., were received, if the supply of goods, etc., was commenced later than the time at which the contractual provisions were received). Notwithstanding the foregoing, where there are different provisions under the Act on the Consumer Protection in Electronic Commerce, Etc. concerning the withdrawal from subscription, the provisions of the same Act shall be observed.
② Once the users have received goods, etc., returns and exchanges will not be permitted under any of the following circumstances.
1. Goods, etc., are lost or damaged for any reasons imputable to the users (provided, however, if the packaging, etc., is damaged to verify the contents of the goods, etc., the subscription may be withdrawn)
2. The value of goods, etc., has significantly declined due to the use of users or via the consumption of some
3. The value of goods, etc., has significantly declined, making resale impractical due to the passage of time
4. The packaging of the original goods, etc., is damaged where reproduction of the goods, etc., of the same performance is possible
③ In the circumstances specified in Paragraph 2 Subparagraphs 2 through 4, withdrawal from subscription by users, etc., shall not be restricted if the Company did not specify in advance and in a location that is easily visible to and understandable by consumers that such withdrawal will be restricted, or did not take actions such as providing trial products.
④ Notwithstanding the provisions of Paragraphs 1 and 2, if the details of goods, etc., are different from those specified in the advertisement or the contract, the withdrawal from subscription, etc., may be made within 30 days from the date on which such fact was known or could have been known.
Article 17. Effect of Subscription Withdrawal
① The Company shall refund payment for goods, etc., already made within 3 business days if and where the goods, etc., are returned by the users. In such event, if the Company has delayed the refund of goods, etc., to the users, interest shall be paid for the period of delay, and shall be calculated using the interest rate of delay specified in Article 21-2 of the Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, Etc.
② In refunding the payment above, where users have made payment for goods, etc., via such means of payment as a credit card or an electronic currency, the Company shall ask the business operator providing the relevant means of payment to suspend or cancel the invoicing of the payment for goods, etc., without any delay.
③ In the event of withdrawal from subscription, etc., the users shall pay the expenses required for returning goods, etc., that have been received. The Company shall not claim any penalty or damages against the users for the reason of withdrawal from subscription. Notwithstanding the foregoing, if the details of the goods, etc., are different from the marked advertising details or contractual provisions, and if the withdrawal from subscription, etc., is made accordingly, the expenses required for the return of goods, etc., shall be borne by the Company.
④ If users paid the shipping costs when receiving goods, etc., the Company shall clearly provide information so that users can easily understand who must pay the costs when withdrawing from subscription.
Article 18. Protection of Personal Information
① When collecting users’ personal information, the Company shall only collect the minimum personal information needed to provide services.
② The Company shall not collect the information needed to fulfill a purchase contract in advance when the user signs up for membership. Notwithstanding the foregoing, this provision shall not be applied in cases where self-identification is required prior to a purchase contract in order to fulfill the Company’s obligations under the relevant laws and regulations, and when collecting the minimum specific personal information required.
③ When the Company collects and uses the users’ personal information, the Company shall notify the relevant users of the purpose thereof and obtain their consent thereto.
④ The Company shall not use the collected personal information for any purposes other than those for which it was intended, and if a new purpose of use should arise, or if it is provided to a third party, the Company shall notify the users of the relevant purpose and secure consent in the phases of use and provision. Notwithstanding the foregoing, an exception shall be made where the relevant laws and regulations provide otherwise.
⑤ If the Company is required to secure the consent of users pursuant to Paragraphs 3 and 4, the matters specified under Article 22 Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., including the identity of the personal information manager (association, name, phone number, and other contact information), the purpose of collection and use of the information, and the matters related to providing information to third parties shall be specified in advance, and the users may withdraw their consent at any time.
⑥ A user may demand to review his or her own personal information held by the Company and correct any errors at any time, and the Company shall be obligated to respond to such demand without any delay. Furthermore, if a user demands to correct an error in his or her personal information, the Company shall not use the relevant personal information until the error is corrected.
⑦ The Company shall restrict the personnel handling users’ personal information to a minimum in order to protect the personal information, and shall be responsible for any and all damages suffered by users due to the loss, theft, or leakage of a user's personal information, including credit cards, bank accounts, etc., and the provision to a third party and falsification, etc.
⑧ The Company or a third party which has received personal information from the Company shall destroy the relevant personal information without delay when the purpose of its collection has been achieved.
⑨ On the form through which the user gives consent to the collection, use, and provision of the personal information, the Company shall not have the consent box ticked by default. Furthermore, the services that will be restricted if users refuse to consent to the collection, use, and provision of their personal information shall be clearly specified, and services such as the membership signup shall not be restricted if the user refuses to consent to the collection, use, and provision of personal information which is not essential.
Article 19. Obligations of the Company
① The Company shall not commit any acts that are prohibited by the laws and regulations or these Terms of Use, or are against public order and customs, and shall endeavor to the extent possible to provide goods and services in a consistent and stable manner in line with the provisions of these Terms of Use.
③ The Company shall have a security system in place to protect users' personal information (including their credit information) so that the users may safely use the services online.
④ The Company shall be liable for compensating users for any damages suffered by its engaging in any acts of unfair marketing and advertisement of the goods and services as prescribed under Article 3 of the Act on Fair Display and Advertisement.
⑤ The Company shall not send out for-profit, advertising emails to users who do not consent to receive them.
Article 20. Obligations Concerning Members’ IDs and Passwords
① Excluding the cases specified in Article 19, the member shall be responsible for managing his or her ID and password.
② A member shall not allow a third party to use his or her ID and password.
③ If a member learns that his or her ID and password has been stolen or used by a third party, he or she shall immediately notify the Company and follow the Company's guidance, if any.
Article 21. Obligations of the Users
Users shall not engage in any of the following acts.
1. Registration of any false information when making applications or modifications
2. Theft of another's information
3. Modification of the information posted on the Mall and the App
4. Transmission or posting of information (computer programs, etc.) other than the information determined by the Company
5. Infringement of intellectual property rights such as the copyrights of the Mall and the App, and other third parties
6. Acts causing any damage to the reputation of the Mall and the App, or other third parties, or interfering with business
7. Disclosing or posting of any obscene or violent messages, images, voices, and other information contrary to public order and customs
Article 22. Reversion of Copyrights and Restricted Use
① Copyrights and other intellectual property rights to the products created by the Company shall revert to the Company.
② The users shall not use for any for-profit purposes or have any third party use the information whose intellectual property rights are reverted to the Company among the information obtained by using services via reproduction, transmission, publication, distribution, broadcasting, and other methods with the Company’s advance approval.
③ The Company shall notify the relevant users when using copyrights reverted to users in accordance with the agreement.
Article 23. Dispute Resolution
① The Company shall install and operate a damage compensation handling organization to reflect legitimate opinions and complaints raised by users, and compensate for and handle the relevant damages.
② The Company shall handle the complaints and opinions submitted by the users with priority. Notwithstanding the foregoing, if prompt handling is not practically possible, the users shall be immediately notified of the reason and the handling schedule.
③ If a user petitions for damage relief in connection with an e-commerce dispute between the Company and the user, the dispute may be subject to mediation by the Fair-Trade Commission or the dispute mediation institution requested by the city or the Governor of Province.
Article 24. Jurisdiction and the Governing Law
① Litigation concerning e-commerce disputes between the Company and users shall be brought before the district court having jurisdiction over the residence shall be based on the address or residence of the user at the time of filing. Notwithstanding the foregoing, if the address or residence of a user is not definitive at the time of filing, or if the user is a foreign resident, it shall be brought before the competent court pursuant to the Civil Procedure Act.
② The laws of the Republic of Korea shall govern e-commerce litigations filed between the Company and the users.
Article 25. Compensation for Damages
① If a user violates the obligations hereunder and causes any damage to the Company, the user shall be liable for compensating the Company for such damages.
Article 26. Destruction of Membership Information
The personal information of a user shall be deleted immediately upon his or her withdrawal from membership. Notwithstanding the foregoing, even if a user signs up again with the same account after withdrawing from membership, it will be impossible to restore the existing account information. After withdrawal from membership, the member’s history within the service shall be completely deleted, and restoring it will be impossible. However, the member shall not be able to withdraw if there is ongoing use (product purchase, delivery, exchange, and return, etc.).
The following information shall be retained for a period specified in the relevant laws and regulations.
1) Records concerning contracts or subscription withdrawals, etc. - Grounds of preservation: Article 6 of the Act on the Consumer Protection in Electronic Commerce, Etc., and Article 6 of its Enforcement Decree - Period of preservation: 5 years
2) Records concerning the payment and settlement and the supply of goods, etc. - Grounds of preservation: Article 6 of the Act on the Consumer Protection in Electronic Commerce, Etc., and Article 6 of its Enforcement Decree - Period of preservation: 5 years
3) Records concerning consumer complaints or dispute resolution - Grounds of preservation: Article 6 of the Act on the Consumer Protection in Electronic Commerce, Etc., and Article 6 of its Enforcement Decree - Period of preservation: 3 years
4) Records concerning the collection, processing and use of credit information, etc. - Grounds of preservation: Credit Information Use and Protection Act - Period of preservation: 3 years
5) Preservation of records concerning access - Grounds of preservation: Article 15-2 of the Protection of Communications Secrets Act and Article 41 of its Enforcement Decree - Period of preservation: 3 months
6) Records concerning self-identification - Grounds of preservation: Article 44-5 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Article 29 of its Enforcement Decree - Period of preservation: 6 months
7) Cases where transaction records, etc., must be stored - Grounds of preservation: Framework Act on National Taxes - Period of preservation: 10 years
8) Receipt and processing of requests for compensation for damages - Grounds of preservation: Product Liability Act - Period of preservation: 10 years
①The purpose of these Terms of Use is to specify the rights, obligations, and matters of responsibility for the website (hereinafter the “Mall”) operated by Fanlight Co., Ltd. (hereinafter the “Company”) for the Mall and the users in using the Internet-related services provided by the Mall (hereinafter “services”).
② These Terms of Use specify Members’ rights, responsibilities, and the terms and conditions of their use of the services provided by the Company through the Fanslike mobile application (hereinafter, the “App”) accessible by mobile device.
These Terms of Use shall be applied mutatis mutandis to e-commerce transactions using PC communications and wireless, etc., so long as they do not conflict with the essential nature of such transactions.
Article 2. Definitions
① “Company” shall mean Fanlight Co., Ltd.
② "Mall" shall mean the website operated by the Company called “Fanslike”.
③ The “Services" refer to all services provided by the Company through the Website and the App and are accessible in accordance with the Terms of Use specified herein.
④ The “Users" refer to members and non-members who access the Services provided by the Company through the Website and the App.
⑤ The “Members" refer to entities registered as members on the Website and the App, who are able to continuously use the Services provided by the Company.
⑥ "Non-member" shall mean any person who has not registered for membership with the Mall, and who uses the limited services provided by the Company to non-members.
⑦ The “App” refers to the mobile application operated by the Company.
Terminology not expressly defined in Paragraph 1 or these Terms of Use shall be interpreted as-is under general business circumstances.
Article 3. Posting and Modification of the Terms of Use, Etc.
① The Company shall post the provisions of these Terms of Use, tradename and the name of the representative, address of the principal place of business (including the address of the place where consumer complaints may be handled), phone number, facsimile number, email address, business registration number, and telemarketing business registration number, and personal information manager, etc., on the initial service page (front page) of the Website and the App to ensure that they are visible and intelligible to the users. Notwithstanding the foregoing, the provisions of the Terms of Use may be viewed via a linked page.
② The Company shall provide a separate linked page or a pop-up window to inform users of key provisions related to items such as withdrawal from membership, responsibility for delivery, and refunds among the provisions articulated and specified hereunder prior to the users’ consent to the Terms of Use, and shall secure the users’ confirmation.
③ If the Company seeks to modify these Terms of Use, the Company shall post the details of the modification on the corporate website or a similar electronic communication medium so that the members may verify them 7 days prior to the effective date of the modified Terms of Use. Notwithstanding the foregoing, if the Terms of Use are modified due to an institutional change following the enactment or amendment of related laws and regulations, and where there are urgent and unavoidable circumstances which make it difficult to provide relevant information in line with the main text, the details of the modification shall be posted in the same manner as with the preceding sentence prior to the effective date.
④ Where the Company amends the Terms of Use, the amended Terms of Use shall be applied only to contracts executed on or after the effective date, and the Terms of Use before the amendment shall be applied to contracts which had been executed before then. Notwithstanding the foregoing, if users who have already executed a contract notify the Mall of their intent to accept the amended Terms of Use during the notification period for the amended Terms of Use pursuant to Paragraph 3 and secure the consent of the Company, the amended Terms of Use shall be applied.
⑤ The Company shall inform members of any modification of the Terms of Use in advance via a manner agreed upon with the members, such as by email, by 1 month prior to the effective date of the modified Terms of Use if and where the modified provisions as per Paragraph 3 are unfavorable to the members. Notwithstanding the foregoing, this provision shall not be applied if the provisions before the modification are applied to the existing members as they are, or if the members express their wish not to receive a notification of the modified provisions.
⑥ In giving the notification as per Paragraph 5, the Company shall specify that "Where the member does not consent to the modification of the Terms of Use, the contract may be terminated.” In addition, if the member does not express his or her intent to terminate the contract by the business day prior to the effective date of the modified Terms of Use, the member shall be deemed to have consented to the modification.
⑦ If the member does not express the intent to terminate the contract by the business day prior to the effective date of the modified Terms of Use after receiving the notification as per Paragraph 6, they shall be deemed to have consented to the modification.
⑧ Concerning the matters not specified hereunder and the interpretation of these Terms of Use, the Act on Consumer Protection in Electronic Commerce, Etc., Act on the Regulation of Terms of Use, the consumer protection guidelines on e-commerce, etc., provided by the Fair Trade Commission, and the relevant laws and regulations, or commercial practices and customs shall be observed.
Article 4. Provision and Modification of the Services
① The Company shall carry out the following businesses.
1. Provision of information on goods or services, and execution of purchase contracts
2. Delivery of goods or services for which a purchase contract was executed
3. Other businesses determined by the Mall and the App.
② The Company may modify the provision of the goods or services to be provided pursuant to the contracts to be executed in cases where a product or a service becomes sold out or out of order, or due to a change of technical specifications. In such event, the provisions of the modified goods or services as well as the date of provision shall be specified and immediately announced at the location where the details of the current goods or services are posted.
③ Where the details of the services for which a contract was executed with the users for provision by the Company are modified for any reasons, including the goods being sold out or a change in technical specifications, the users shall immediately be notified of the relevant reason at the address they have provided for such notifications.
④ In the situation specified in the preceding Paragraph, the Company compensates the users for any damages suffered thereby. Notwithstanding the foregoing, this provision shall not be applied if it is proven that the Mall is free of any willfulness or negligence.
Article 5. Hours of Use for the Services
① The Company shall commence the services once the members’ application for use has been approved. Notwithstanding the foregoing, some services may be commenced from a specified date.
② The Company may divide the services into a certain scope and may also separately specify the available times of use for each range. In such event, the relevant members shall be informed of the details.
③ These services shall be provided 24/7, 365 days per year. Notwithstanding the foregoing, the services may be temporarily suspended when necessary due to business reasons, technical obstacles, or technical upgrades and corporate website improvement. In such event, the Company shall so notify users in advance or on an ex-post basis.
Article 6. Temporary Suspension of the Services
① The Company may temporarily suspend the provision of services for reasons that may include maintenance and inspection, replacement and breakdown of the information and communication facilities such as computers, or disruption of telecommunications service.
② The Company shall compensate for any damages suffered by the users or any third parties due to a temporary suspension of the services for any of the reasons specified in Paragraph 1. Notwithstanding the foregoing, this provision shall not be applied if it is proven that the Company is free of any willfulness or negligence.
③ Where the provision of services becomes unfeasible or impractical due to a change of business type, surrender of business, consolidation of companies, etc., the Company shall notify users in the manner specified in Article 9, and shall compensate consumers according to the Terms of Use initially presented by the Company. Notwithstanding the foregoing, if the Company does not specify the criteria for compensation, etc., the users’ mileage or points, etc., shall be paid in kind or cash equivalent to the currency value accepted at and by the Mall and the App.
Article 7. Membership Signup
① Users shall apply for membership by entering the member information using the registration form prescribed by the Company and by expressing their intent to consent to these Terms of Use.
② Minors under the age of 14 cannot sign up for membership.
③ Customer who is above the age of 14 requires mobile phone authentication or email authentication when signing up for membership.
④ The Company shall register users who apply for membership as per Paragraph 1 as members unless any of the following Sub-paragraphs apply.
1. The applicant for membership has previously lost his or her membership status pursuant to Article 8 Paragraph 3 of these Terms of Use; provided, however, than an exception shall be made if the Company's approval of re-signup for membership is obtained after 3 years have elapsed following the loss of the membership status pursuant to Article 8 Paragraph 3
2. There is false information, omission, or error in the registration details provided
3. It is determined that registering for membership will significantly impede the Company's technology
⑤ The membership contract shall be deemed to be executed if and when the Company's approval reaches the member.
⑥ Should there be any change in the information provided at the time of the membership registration, the member shall notify the Company of the change within a reasonable period of time, such as by revising the membership information.
Article 8. Membership Withdrawal and Loss of Qualification
① Members may request to withdraw from membership at any time, and the Company shall immediately process such withdrawal of their membership.
② Where any of the following applies, the Company may restrict or suspend the membership qualification.
1. Member has provided false information in the application for membership
2. Member has not made payment for goods, etc., purchased using the Mall and the App, or failed to pay the debts in connection with other uses of the services by the due date
3. Member has threatened the order of e-commerce such as by interfering with others’ use of the services or stealing information
4. Member has used the Mall and the App to commit acts prohibited by the laws and regulations or these Terms of Use, or which are against public order and customs
③ After the Company restricts or suspends the membership, if the same act is repeated twice or more, or if the relevant reason or cause is not addressed within 30 days therefrom, the Company may disqualify the user from membership.
④ If the Company disqualifies the user from membership, the membership registration shall be revoked thereby. In this event, the relevant member shall be notified and be provided with an opportunity to explain by specifying a period of 30 days or longer before the revocation of the membership registration.
Article 9. Notice for the Membership
① When the Company gives notice to the membership, such notices will be sent to the email address specified by the member in an advance agreement with the Company.
② When there is information for the general membership, the Company may post such information on the Mall and the App’s bulletin boards for a week or longer in lieu of sending individual notices. Notwithstanding the foregoing, individual notices shall be given for matters having a material impact on the member’s own transactions.
Article 10. Making Purchases
① The users of services shall make purchases on the Mall and the App in the following or a similar manner, and the Company shall provide each of the following details in a manner that is easy to understand when the users attempt to make purchases.
1. Search and selection of goods, etc.
2. Entry of information such as the recipient's name, address, phone number, and email address (or mobile phone number), etc.
3. Confirmation of the details of the Terms of Use and the payment including services for which the right to withdraw subscription is restricted, cost of delivery, and installation charge
4. Agreeing to these Terms of Use and confirming or rejecting the matters of Subparagraph 3 above (such as by clicking)
5. Request for purchase of goods, etc., and receipt, or consent to the Company’s receipt
6. Selection of the payment method
② If the Company needs to provide or consign the purchaser's personal information to a third party, the Company shall secure the consent of the purchaser at the time of the actual purchase request; comprehensive consent for such provision or consignment shall not be obtained in advance at the time of the membership signup. At such time, the Company shall specify to the purchaser the items of personal information provided, the recipient, the purpose of using the personal information by the recipient, and the period of retention and use. Notwithstanding the foregoing, should there be other provisions under the relevant laws and regulations such as cases of consignment of the personal information handling pursuant to Article 25 Paragraph 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., they shall be observed accordingly.
Article 11. Execution of the Contract
① The Company may not approve purchase requests made under Article 10if any of the following Subparagraphs apply. Notwithstanding the foregoing, when executing a contract with a minor, notification shall be made such that the minor or their legal representative may rescind the contract if the consent of the legal representative is not obtained.
1. The purchase request includes false information, omission, or errors
2. A minor attempts to purchase goods and services prohibited by the Youth Protection Act, such as tobacco and alcohol
3. It is determined that the approval of purchase requests is significantly limited by the Company's technology
② The contract shall be deemed to be executed when the Company's approval reaches the users in the form of a notification of receipt as per Article 13 Paragraph 1.
③ The Company's marking of approval shall include information on the confirmation of the users’ purchase request, whether sale is available, and correction and cancellation of the purchase request, etc.
Article 12. Method of Payment
The method of payment for goods or services purchased at the Mall and the App may include any of the following. Notwithstanding the foregoing, the Company shall not collect any fees or charges in addition to the price of goods, etc., in relation to the users’ method of payment for any reason.
1. Various means of account transfer such as mobile phone banking, online banking, and mail banking
2. Various means of card payment such as prepaid card, debit card, and credit card, etc.
3. Online passbook-less deposit
4. Payment and settlement via electronic currencies
5. Payment upon receipt
6. Payment via the points paid by the Company including mileage
7. Payment via gift certificates for which contract is executed with the Company or recognized by the Company
8. Other payment via electronic method of payment, etc.
Article 13. Notification of Receipt and Modification/Cancellation of Purchase Requests
① The Company shall send a notification of receipt to the user when the user makes a request for purchase.
② Users who receive the notification of receipt may request the modification or cancellation of the purchase request immediately after receiving the notification should there be a discrepancy in the expression of intention, etc., and the Company shall respond to such request without any delay and handle it accordingly if and where there is a request from users prior to delivery. Notwithstanding the foregoing, if the payment has already been made, the provisions of Article 16 regarding the withdrawal of subscription, etc., shall be observed.
Article 14. Supply of Goods
① The Company shall take other necessary actions such as production to order and packaging, etc., so that the goods, etc., may be delivered within 7 days of the date on which the users have completed subscription, unless there is a separate agreement with the users regarding the timing of supply for the goods, etc. Notwithstanding the foregoing, if the Company has already taken all or some of the payment for goods, etc., actions shall be taken within 3 business days from the date on which all or some of the payment were received. At such time, the Company shall take appropriate actions so that the users may verify the supply procedures and the progress for goods, etc.
② For the goods purchased by the users, the Company shall specify the method of delivery, the person responsible for the delivery cost for each means, and the period of delivery for each means. If the contracted period of delivery is exceeded, the Company shall compensate users for any damages suffered thereby. Notwithstanding the foregoing, this provision shall not be applied if it is proven that the Company is free of any willfulness or negligence.
Article 15. Refund
The Company shall notify users of the relevant cause or reason without any delay when the goods, etc., requested for purchase cannot be delivered or provided due to such reasons as being sold out, and shall provide a refund or take actions needed to enable such refund within 3 business days from the date on which the payment for goods, etc., was received if payment was made in advance.
Article 16. Withdrawal of Subscription
① Users who have executed contracts for the purchase of goods, etc., with the Company may withdraw from subscription within 7 days from the date on which contractual provisions were received pursuant to Article 13 Paragraph 2 of the Act on the Consumer Protection in Electronic Commerce, Etc. (or the date on which the supply of goods, etc., commenced, or the goods, etc., were received, if the supply of goods, etc., was commenced later than the time at which the contractual provisions were received). Notwithstanding the foregoing, where there are different provisions under the Act on the Consumer Protection in Electronic Commerce, Etc. concerning the withdrawal from subscription, the provisions of the same Act shall be observed.
② Once the users have received goods, etc., returns and exchanges will not be permitted under any of the following circumstances.
1. Goods, etc., are lost or damaged for any reasons imputable to the users (provided, however, if the packaging, etc., is damaged to verify the contents of the goods, etc., the subscription may be withdrawn)
2. The value of goods, etc., has significantly declined due to the use of users or via the consumption of some
3. The value of goods, etc., has significantly declined, making resale impractical due to the passage of time
4. The packaging of the original goods, etc., is damaged where reproduction of the goods, etc., of the same performance is possible
③ In the circumstances specified in Paragraph 2 Subparagraphs 2 through 4, withdrawal from subscription by users, etc., shall not be restricted if the Company did not specify in advance and in a location that is easily visible to and understandable by consumers that such withdrawal will be restricted, or did not take actions such as providing trial products.
④ Notwithstanding the provisions of Paragraphs 1 and 2, if the details of goods, etc., are different from those specified in the advertisement or the contract, the withdrawal from subscription, etc., may be made within 30 days from the date on which such fact was known or could have been known.
Article 17. Effect of Subscription Withdrawal
① The Company shall refund payment for goods, etc., already made within 3 business days if and where the goods, etc., are returned by the users. In such event, if the Company has delayed the refund of goods, etc., to the users, interest shall be paid for the period of delay, and shall be calculated using the interest rate of delay specified in Article 21-2 of the Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, Etc.
② In refunding the payment above, where users have made payment for goods, etc., via such means of payment as a credit card or an electronic currency, the Company shall ask the business operator providing the relevant means of payment to suspend or cancel the invoicing of the payment for goods, etc., without any delay.
③ In the event of withdrawal from subscription, etc., the users shall pay the expenses required for returning goods, etc., that have been received. The Company shall not claim any penalty or damages against the users for the reason of withdrawal from subscription. Notwithstanding the foregoing, if the details of the goods, etc., are different from the marked advertising details or contractual provisions, and if the withdrawal from subscription, etc., is made accordingly, the expenses required for the return of goods, etc., shall be borne by the Company.
④ If users paid the shipping costs when receiving goods, etc., the Company shall clearly provide information so that users can easily understand who must pay the costs when withdrawing from subscription.
Article 18. Protection of Personal Information
① When collecting users’ personal information, the Company shall only collect the minimum personal information needed to provide services.
② The Company shall not collect the information needed to fulfill a purchase contract in advance when the user signs up for membership. Notwithstanding the foregoing, this provision shall not be applied in cases where self-identification is required prior to a purchase contract in order to fulfill the Company’s obligations under the relevant laws and regulations, and when collecting the minimum specific personal information required.
③ When the Company collects and uses the users’ personal information, the Company shall notify the relevant users of the purpose thereof and obtain their consent thereto.
④ The Company shall not use the collected personal information for any purposes other than those for which it was intended, and if a new purpose of use should arise, or if it is provided to a third party, the Company shall notify the users of the relevant purpose and secure consent in the phases of use and provision. Notwithstanding the foregoing, an exception shall be made where the relevant laws and regulations provide otherwise.
⑤ If the Company is required to secure the consent of users pursuant to Paragraphs 3 and 4, the matters specified under Article 22 Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., including the identity of the personal information manager (association, name, phone number, and other contact information), the purpose of collection and use of the information, and the matters related to providing information to third parties shall be specified in advance, and the users may withdraw their consent at any time.
⑥ A user may demand to review his or her own personal information held by the Company and correct any errors at any time, and the Company shall be obligated to respond to such demand without any delay. Furthermore, if a user demands to correct an error in his or her personal information, the Company shall not use the relevant personal information until the error is corrected.
⑦ The Company shall restrict the personnel handling users’ personal information to a minimum in order to protect the personal information, and shall be responsible for any and all damages suffered by users due to the loss, theft, or leakage of a user's personal information, including credit cards, bank accounts, etc., and the provision to a third party and falsification, etc.
⑧ The Company or a third party which has received personal information from the Company shall destroy the relevant personal information without delay when the purpose of its collection has been achieved.
⑨ On the form through which the user gives consent to the collection, use, and provision of the personal information, the Company shall not have the consent box ticked by default. Furthermore, the services that will be restricted if users refuse to consent to the collection, use, and provision of their personal information shall be clearly specified, and services such as the membership signup shall not be restricted if the user refuses to consent to the collection, use, and provision of personal information which is not essential.
Article 19. Obligations of the Company
① The Company shall not commit any acts that are prohibited by the laws and regulations or these Terms of Use, or are against public order and customs, and shall endeavor to the extent possible to provide goods and services in a consistent and stable manner in line with the provisions of these Terms of Use.
③ The Company shall have a security system in place to protect users' personal information (including their credit information) so that the users may safely use the services online.
④ The Company shall be liable for compensating users for any damages suffered by its engaging in any acts of unfair marketing and advertisement of the goods and services as prescribed under Article 3 of the Act on Fair Display and Advertisement.
⑤ The Company shall not send out for-profit, advertising emails to users who do not consent to receive them.
Article 20. Obligations Concerning Members’ IDs and Passwords
① Excluding the cases specified in Article 19, the member shall be responsible for managing his or her ID and password.
② A member shall not allow a third party to use his or her ID and password.
③ If a member learns that his or her ID and password has been stolen or used by a third party, he or she shall immediately notify the Company and follow the Company's guidance, if any.
Article 21. Obligations of the Users
Users shall not engage in any of the following acts.
1. Registration of any false information when making applications or modifications
2. Theft of another's information
3. Modification of the information posted on the Mall and the App
4. Transmission or posting of information (computer programs, etc.) other than the information determined by the Company
5. Infringement of intellectual property rights such as the copyrights of the Mall and the App, and other third parties
6. Acts causing any damage to the reputation of the Mall and the App, or other third parties, or interfering with business
7. Disclosing or posting of any obscene or violent messages, images, voices, and other information contrary to public order and customs
Article 22. Reversion of Copyrights and Restricted Use
① Copyrights and other intellectual property rights to the products created by the Company shall revert to the Company.
② The users shall not use for any for-profit purposes or have any third party use the information whose intellectual property rights are reverted to the Company among the information obtained by using services via reproduction, transmission, publication, distribution, broadcasting, and other methods with the Company’s advance approval.
③ The Company shall notify the relevant users when using copyrights reverted to users in accordance with the agreement.
Article 23. Dispute Resolution
① The Company shall install and operate a damage compensation handling organization to reflect legitimate opinions and complaints raised by users, and compensate for and handle the relevant damages.
② The Company shall handle the complaints and opinions submitted by the users with priority. Notwithstanding the foregoing, if prompt handling is not practically possible, the users shall be immediately notified of the reason and the handling schedule.
③ If a user petitions for damage relief in connection with an e-commerce dispute between the Company and the user, the dispute may be subject to mediation by the Fair-Trade Commission or the dispute mediation institution requested by the city or the Governor of Province.
Article 24. Jurisdiction and the Governing Law
① Litigation concerning e-commerce disputes between the Company and users shall be brought before the district court having jurisdiction over the residence shall be based on the address or residence of the user at the time of filing. Notwithstanding the foregoing, if the address or residence of a user is not definitive at the time of filing, or if the user is a foreign resident, it shall be brought before the competent court pursuant to the Civil Procedure Act.
② The laws of the Republic of Korea shall govern e-commerce litigations filed between the Company and the users.
Article 25. Compensation for Damages
① If a user violates the obligations hereunder and causes any damage to the Company, the user shall be liable for compensating the Company for such damages.
Article 26. Destruction of Membership Information
The personal information of a user shall be deleted immediately upon his or her withdrawal from membership. Notwithstanding the foregoing, even if a user signs up again with the same account after withdrawing from membership, it will be impossible to restore the existing account information. After withdrawal from membership, the member’s history within the service shall be completely deleted, and restoring it will be impossible. However, the member shall not be able to withdraw if there is ongoing use (product purchase, delivery, exchange, and return, etc.).
The following information shall be retained for a period specified in the relevant laws and regulations.
1) Records concerning contracts or subscription withdrawals, etc. - Grounds of preservation: Article 6 of the Act on the Consumer Protection in Electronic Commerce, Etc., and Article 6 of its Enforcement Decree - Period of preservation: 5 years
2) Records concerning the payment and settlement and the supply of goods, etc. - Grounds of preservation: Article 6 of the Act on the Consumer Protection in Electronic Commerce, Etc., and Article 6 of its Enforcement Decree - Period of preservation: 5 years
3) Records concerning consumer complaints or dispute resolution - Grounds of preservation: Article 6 of the Act on the Consumer Protection in Electronic Commerce, Etc., and Article 6 of its Enforcement Decree - Period of preservation: 3 years
4) Records concerning the collection, processing and use of credit information, etc. - Grounds of preservation: Credit Information Use and Protection Act - Period of preservation: 3 years
5) Preservation of records concerning access - Grounds of preservation: Article 15-2 of the Protection of Communications Secrets Act and Article 41 of its Enforcement Decree - Period of preservation: 3 months
6) Records concerning self-identification - Grounds of preservation: Article 44-5 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Article 29 of its Enforcement Decree - Period of preservation: 6 months
7) Cases where transaction records, etc., must be stored - Grounds of preservation: Framework Act on National Taxes - Period of preservation: 10 years
8) Receipt and processing of requests for compensation for damages - Grounds of preservation: Product Liability Act - Period of preservation: 10 years
