Kids Note Terms of Use
Section 1 Service Principles and Standards Section2 Service Agreement and Information Protection Section 3 Service Use Section 4 Mail-Order Business Section 5 Mail-Order Brokerage Section 6 Others
Section 1 Service Principles and Standards
Article 1 (Purpose)
We thank you for using various services that Kids Note (“the Company”) provides through the Internet, mobile and other platforms (hereinafter referred to as “the Service”). We have developed the Terms of Service (“the ToS”) for you to use the services provided by the Company more conveniently. Please read this ToS carefully as it specifies rights, obligations, responsibilities and other necessary matters between the Company and the Members.
Article 2 (Definitions)
In this ToS, the following terms have the following meanings.
- Kids Note: It refers to a platform operated by the Company and a space where daycare centers, kindergartens and users can have communications through the Internet and the mobile application (“the App”). It also refers to a service required to support tasks needed for operation of centers, kindergartens, etc (‘the Digital Documents").
- Class Note: It refers to a platform operated by the Company and a space where academies and users can have communications through the Internet and the mobile application (“the App”). Users can log into Class Note using the same ID and password as Kids Note or Family Note.
- Family Note: It refers to a platform operated by the Company providing a space where senior care facilities and family members can have communications through the Internet, the mobile application, etc. It also refers to a service required to support tasks needed for operation (‘Familycare ERP"). Users can log into Family Note using the same ID and password as Kids Note or Class Note.
- Service: The term “Service” includes all community activities, content support and e-commerce services provided through Kids Note, Class Note and Family Note. Detailed Services and their content are specified in Article 10.
- User: It refers to Members and Non-members who use the Service provided by the Company in accordance with this ToS.
- Member: It refers to a “User” who has been issued a “User” ID by signing up for the Service and a person who can continue to use the Service provided by the Company. Persons who run the organizations where “Administrator Member”, “Staff Member”, and “Family Member” belong are included.
- Administrator Member: It refers to a member who approves the sign-up of a family member or a staff member while running a center (daycare center, kindergarten, academy, after school class, senior care facility, etc) or using the Service.
- Staff Member: It refers to a member who approves the sign-up of a family member while handling the operation-related tasks of the center or using the Service as a staff member after being invited by an administrator member. This member is called a teaching staff member in Kids Note and Class Note, and a staff member in Family Note.
- Family Member: It refers to a member who uses the Service after being invited by an administrator member or a staff member as the guardian of a child or a senior citizen belonging to the center. This member is called a parents member in Kids Note and Class Note, and a guardian member in Family Note.
- Non-member: It refers to a person who uses the Service provided by the Company only for the Services and goods, etc. permitted by the Company or the Partner without signing up for the Service.
- Content: It refers to all articles, photos, videos, various files and links (regardless of information types such as signs, texts, sounds, etc.) that the Company" or the User posts or registers on the Service when using the Service, and any information posted or used within the Service.
- Partner: It refers to a person who has entered into a service agreement with the Company for the purpose of selling goods, etc. through brokerage services provided by the Company in accordance with this ToS.
- Member Information: It refers to personal information that the Company requests a person who applies for membership through the Company to provide in the membership application form (hereinafter referred to as “the Application Form”), as well as information provided by the Member to Kids Note for user identification and service use.
- ID: It refers to a combination of letters or numbers determined by the Member and approved by the Company for Member identification and service use.
- Password: It refers to a combination of letters, numbers, or special characters determined by the Member to confirm that the Member matches the “ID” given to the Member, and to protect confidentiality.
- “Mall” : It refers to a virtual business site for e-commerce services provided by the Company to sell various Goods, etc. offered by the Company or partners to the User of Kids Note or Class Note. The Mall includes Store, Smart Order, and Photo Mall (personal/organization).
- Terms that are not defined herein shall follow governing laws and general practices.
Article 3 (Specification, Explanation and Amendment of the ToS, Etc.)
- The Company shall post the content of the ToS, the name of the representative, the address of the business office (including the address of a place where consumer complaints can be handled), phone number, e-mail address, business registration number, mail-order business registration number, the person in charge of personal information management, etc. on the initial service screen (front) of the Company, so that the User can find the information easily. Provided that the content of the ToS can be viewed by the User through a connected screen.
- The Company shall provide a separate connected screen or a pop-up screen to allow the User to understand important content such as withdrawal of subscription, delivery responsibility, and refund conditions among the content stipulated in the ToS, before the User agrees to the ToS.
- The content of the ToS shall be notified by notices on the service screen or other means, and the ToS shall take effect for all Users who agree to the ToS.
- If required, the Company may amend the ToS to the extent that it does not violate related laws such as the Act on Consumer Protection Act in Electronic Commerce, Etc, the Act on Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Digital Signature Act, and the Act on Promotion of Information and Communication Network Utilization and Information Protection, the Act on Door-to-Door Sales, and the Framework Act on Consumers. If the “Company” amends the ToS, the Company shall, in principle, announce or notify the User of the amendments through service notices at least seven days before the effective date. However, if the amendments are unfavorable to the User for unavoidable reasons, they shall be notified to the User individually at least 30 days before the effective date through means specified in Article 7.
- The Member will be deemed to have accepted any amendments if he or she does not express objection from the date of notification until seven days after the effective date although the Company has clearly announced or notified that amendments are to be made and the member will be deemed to have accepted them if an objection is not received.
- If the Company amends the ToS, the amended ToS is applied only to contracts concluded after the effective date, and the terms and conditions before the amendment are applied to contracts which are already concluded before that date. However, the amended terms and conditions shall apply if the User who has already signed a contract sends an intention to comply with the amended terms and conditions to the Company within the notice period of the amended ToS under Paragraph 3 and obtains the consent of the Company.“
- The User has a right to disagree with the amended ToS, and in this case, may cease to use the Service and terminate the service agreement. Provided however that the User may not use the Service where the amended ToS is applied if he or she does not agree to the amended ToS.
- This ToS shall be applied from the date the User agrees to this ToS until the termination of service use in principle. Provided however that some terms and conditions of this ToS may remain effective even after the termination of service use.
- Matters not prescribed in this ToS and their interpretation shall be subject to the Act on the Regulation of Terms and Conditions, service-related laws or commercial practices.
Section 2 Service Agreement and Information Protection
Article 4 Article 4 (Membership Registration)
- A service agreement between the Member and the Company is concluded when the User who wishes to be a Member fills out a registration form set by the Company and expresses his or her intention to agree to matters requiring the User’s consent such as this ToS and the Agreement to the Collection and Use of Personal Information, and the Company approves the application.
- It is guaranteed that a family member has been legitimately delegated an authority to agree to the collection of the personal information of his or her child in Kids Note/Class Note, or that of an elderly person in Family Note.
- In the event that any information provided in the registration form changes, the Member shall revise the information in the Service, or notify the change to the Company via email and other means.
- The Company shall not take responsibility for any issue arising out of the failure to notify the Company of changes mentioned in the preceding paragraph.
Article 5 (Membership Registration Restrictions)
- The Company may not approve the registration of a member, or terminate the service agreement at a later date, or impose sanctions in accordance with Article 15 in the following cases.
- A member uses someone else’s personal information such as someone else’s name, email address, etc.
- A member who has been given sanctions by the Company, including the suspension of service use, terminates the service agreement during the sanction period on his or her own and signs up again for the service.
- There is false information, an omission, or a mistake in the registration details.
- A member wishes to use the Service for inappropriate usage.
- It is recognized in the light of the reasonable judgment of the "Company" that a Member’s registration is a violation of laws, a violation of this ToS, or an unjust registration for other reasons.
- The Company may defer the approval of a membership registration in the following cases.
- There is insufficient room for service-related facilities.
- There are technical issues in providing the Service.
- Deferring the approval is deemed necessary for other financial or technical reasons of the Company.
- If there is any change to information provided by the member at the time of the registration, it shall be notified to the Company by editing the member information or other means within a considerable period of time. The member shall be held responsible for any damage resulting from a failure to notify the Company of changes to member information.
Article 6 (ID and Password Management)
- The User shall be responsible for managing his or her ID and password.
- The User shall not allow a third party (except for a person who has been verified as a family member in accordance with a procedure notified by the Company) to use his or her ID and password.
- Upon noticing that the ID or the password has been stolen or is being used by a third party, the User shall notify such a fact to the Company immediately and follow the Company’s instruction or action if any. The User shall be held responsible for damages resulting from a failure to follow the Company’s instruction or action.
Article 7 (Notice to the User)
- If any notice is to be made to the User, the Company may do so via the email address provided by the User, SMS, app push, Plus Friend messages of the Company or the Kids Note service, etc. Provided, that the Company may replace individual notifications by posting notices on the “Kids Note” service screen or through other means in the case of notifications to a number of unspecified members.
- For matters which have a significant impact on the rights of the User, the Company may replace the notice in Paragraph 1 by posting the notice on the service board provided by the Company for at least seven days.
- In operating the Service, the Company may provide various information related to the Service on the Service individually, or through the means specified in Paragraph 1.
- In operating the Service, the Company may provide various advertisements of the Company or its affiliates to the Member on the screen, or through the means specified in Paragraph 1 after obtaining the Member’s agreement.
- The Company is deemed to have provided individual notices by posting a notice as specified in the preceding paragraph only in the event that it is difficult for the Company to send an individual notice because the Member has not provided any contact information or the information is not up to date.
Article 8 (Privacy Protection)
- The Company puts as a priority the personal information of the User of the Service.
- The Company may collect the personal information of the User to provide services, and in this case, it shall collect personal information within the minimum extent required.
- The Company shall establish the Privacy Policy to protect the personal information of the User, and strive to protect the personal information of the User in accordance with the Privacy Policy, the Privacy Act, the Act on the Promotion of Information and Communications Network Utilization and Information Protection, and other applicable laws and regulations. Please refer to the Privacy Policy for details related to privacy protection.
Article 9 (Termination of Service Agreement)
- The Member may at any time apply for the termination of service agreement if he or she does not want to use the Service any longer. The Company shall process the Member’s termination request promptly pursuant to relevant laws. Provided however that the termination of service agreement may be restricted for a considerable amount of time in the event that the Member is deemed to or have violated applicable laws or is involved in disputes with the Mall or another user.
- In the event that the User terminates the service agreement, information, posts and other data registered by the User shall be deleted immediately except for cases where the Mall is required to retain the information of the User for a certain period of time in accordance with applicable laws. Provided however that the Mall shall not delete data within the extent required to provide normal services to other users and those which are required to be retained in accordance with applicable laws.
Section 3 Service Use
Article 10 (Content of Kids Note Service)
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The Company shall provide the following services for the User.
- Communication support between daycare centers, kindergartens and the User: Operation services including content posting by the User and communication support among relevant users.
- Plus service: Service which are offered additionally to support tasks required for the operation of daycare centers, kindergartens and academies as well as for the effective storage of content, including e-Docu+ and E-Attendance, and additional related services.
- Kino Link (Data Call Service): It refers to a service that supports calls between an administrator member or a staff member and a family member without worries about the exposure of a personal phone number.
- E-commerce services: Services related to intermediation between partners and the User such as advertisements of goods or services (hereinafter referred to as “Goods, etc”) provided by Partners and support for contract signing, as well as sales service for the Goods, etc. and the delivery of goods or services for which purchase agreement has been concluded.
- Other services provided by the Company for the User.
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The Company shall provide the following services for the users of Family Note.
- Communication support between a senior care facility and users: Operation services including the posting of content by users and communication support between relevant users.
- Plus Service: Additional services (e.g. Familycare ERP) and related optional services offered to assist the operation of nursing homes, home-visit nursing services and day and night care centers, or to store content efficiently.
- Other services provided for users by the Company.
Article 11 (Amendment of Service)
- In the event that certain goods or services are sold out or that there are amendments to technical specifications, etc, the Company may amend the content of goods or services to be provided in accordance with an agreement to be signed in the future. In this case, the Company shall immediately notify the details of such amendments along with the effective date on the website where the content of the current goods or services are posted.
- In the event that the Company amends the content of the service which is to be provided based on an agreement with the User due to product sold out, changes in technical specifications, and other reasons, the Company shall notify the reasons in advance using the means specified in Article 7. However, individual notifications, including emails to the User’s email address or text messages to the User’s mobile phone, will be given for matters that have a significant impact on the User.
- In the case of the preceding paragraph, the Company shall compensate for any damage suffered by the User, for which a causal relationship has been confirmed objectively. However, it shall not be applied if it is proven that the Company has no intention or negligence.
Article 12 (Stoppage of Service)
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The Company may stop the Service in part or in whole if there are changes to the policies of the Company related to the Service, if there is a need to change any technical specification of the Service, or if there is a considerable reason including any of the following reasons.
- A periodic or temporary inspection for the maintenance and repair of facilities used for the Service.
- A disruption to the normal use of the Service due to such reasons as power outage, facility failure and traffic flooding.
- A system cannot be maintained in part or in whole due to the reasons attributable to the Company such as the termination of an agreement with the Partner, or orders and/or regulations imposed by the government.
- Force majeure factors such as natural disasters or national emergencies.
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In this case, the Company shall notify the content of the Service to be stopped in advance using the means specified in Article 7. Individual notifications, including emails to the User’s email address or text messages to the User’s mobile phone, will be given for matters that have a significant impact on the User. However, after-the-fact notices may be provided if an advance notice or notification cannot be sent due to reasons which cannot be predicted or controlled by the Company (disc or server failure, system down, etc. which are not attributable to the Company).
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The Company shall strive to resume the Service as quickly as possible in the case of service stoppage caused by reasons specified in Paragraph 1.
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In the case of service stoppage caused by reasons specified in Paragraph 1, the Company shall compensate for any damage suffered by the User or a third party, for which a causal relationship has been confirmed objectively. However, this provision shall not be applied if it is proven that the Company has no intention or negligence.
Article 13 (Obligations of the Company)
- The Company shall not perform any act prohibited by laws and this ToS or any act against public order and morals, and shall do its best to provide goods and services consistently and stably in accordance with this ToS.
- The Company shall have a security system to protect users’ personal information (including credit information) so that users can safely use Internet services.
- The Company shall be liable to compensate the User for damages caused by unreasonable labeling or advertisement as prescribed in Article 3 of the Act on Fair Labeling and Advertisement for goods or services.
- The Company shall not send advertising e-mails for commercial purposes unwanted by the User.
Article 14 (Obligations of the User)
- The User shall not perform any of the following acts in relation to the use of the Service, and the responsible User may face civil and criminal liabilities or sanctions prescribed in Article 15.
- Registering false information at the time of application or changing information
- Stealing someone else’s information
- Changing information posted by the Company
- Sending or posting information other than those set by the Company (computer programs, etc)
- Infringing on the intellectual property rights (copyrights, etc) of the Company or a third party
- Damaging the reputation or interfering with the business of the Company or a third party
- Disclosing or posting obscene or violent messages, images, voices, and other information contrary to public order and morals on the Service
- Using the Service for profit-making purposes without the Company’s consent
- Other acts against applicable laws, good morality and social order, or this ToS and the policies of the Company.
Article 15 (Unregistration and Restricted Use)
- The Member may at any time request unregistration to the Company, and the Company shall immediately handle the request.
- In the event that the Member violates this ToS and policies set by the Company for service operation, interferes with the normal operation of the Service or falls into any of the following categories, the Company may restrict the Member from using the Service through such actions as a warning after a prior notification, temporary suspension, permanent suspension of use, and revocation of membership. If the same act is repeated twice or more, or the issue is not corrected within 30 days even after the Company issues a prior notification and takes actions of a warning and temporary suspension, the Company may resort to permanent suspension of use, the revocation of membership, etc.
- Where false information is registered at the time of membership application
- Where the Member fails to pay the price of the Goods, etc. purchased through the “Mall or to settle other debts to be borne by the Member in connection with the use of the Mall by due dates
- Where the Member threatens the order of e-commerce, such as interfering with other people’s use of the Service, or stealing the information
- Where the Member performs any act prohibited by applicable laws or this ToS, or any act against public order and morals while using the Service
- Where the Member discredits the Company or undermines the reliability of the Company by disseminating or spreading groundless or false facts in connection with the operation of the Company
- Where the Member interferes with the operation of the Company or the Service by verbally abusing, threatening, or using obscene words or actions to an employee while using the Service
- Where the Member interferes with the business of the Company or the Service by purchasing the Goods, etc. through the Mall and then repeatedly cancelling the purchases and returning the Goods, etc. without justifiable reasons.
- In case of purchasing goods for resale, The Mall exists solely for the purpose of selling Goods, Etc., to end consumers and strictly prohibits the purchase of Goods, Etc., for resale. Purchasing Goods, Etc., for resale means buying goods, etc., intending to resell them to someone else (i.e., consumer, business, or any third party). If there is evidence that a purchase or order is for resale, the Mall reserves the right to take any measures necessary to prevent it at its sole discretion.
- Notwithstanding Paragraph 2, the Company may take immediately actions of the permanent suspension of service use or service agreement termination in the case that the Member violates applicable laws such as stealing someone else’s name and payment information in violation of the Resident Registration Act providing illegal programs and interfering with the Company’s business operation in violation of the Copyright Act and the Computer Program Protection Act and illegal communication and hacking, distribution of malware, acts going beyond the given access permission, etc. in violation of the Act on Promotion of Utilization of Information and Communication Network.
- The Member registration shall be canceled if the Company terminates the Member's membership. In this case, the Company shall notify the Member and provide an opportunity to present evidence for at least thirty (30) days before the cancellation of the Member registration.
- The Company may restrict the use of the Service if the Member does not log in for one year to protect the personal information of the Member.
- If the Member wishes to file an objection against the restricted use imposed in accordance with this Article, he or she may do so by contacting the Customer Service of the Company.
Article 16 (Attribution of Rights and Content-Related Matters)
- Copyrights and other intellectual property rights for works created by the Company belong to the Company.
- The User shall not copy, transmit, publish, distribute, broadcast or employ other methods to use any information of which intellectual property rights belong to the Company among information obtained in the course of using the Service and the Company, or allow third parties to use it without prior consent of the Company.
- In the case that the Company provides a service for the User to post content through its Service, the copyrights of the concerned content shall belong to the User posting the content.
- In the case that the Company needs to disclose the content of the User within the Service, the Company may use it within the minimum extent necessary to improve the Service, etc, in accordance with governing laws including the Copyright Act. If the Company inevitably needs to use the content of the User beyond such an extent, it shall explain to the User the purpose of using the content in advance and obtain a prior consent.
- Regarding the content that falls into the category of the administrative materials among the content prepared and provided by himself or herself by using the Service of the Company, the Family Member is deemed to have agreed to grant to the Administrator Member, the Staff Member and the Company rights to edit, separate and delete the content, as well as all intellectual property rights such as the right of reproduction, the right of public performance, the right of public transmission, the right of exhibition, the right of distribution and the right of rental and the right of production of derivative works. This provision is also applicable to third parties which have a contractual relationship with the Company for the purpose of providing the concerned service. ※ Administrative materials: The Medication Request and the Return Home Notice provided by the Service.
- Regarding the content that falls into the category of the activity materials among the content prepared and provided by himself or herself by using the Service of the Company, the Administrator Member or the Staff Member is deemed to have agreed to grant to the Company and the Family Member rights to edit, separate and delete the content, as well as all intellectual property rights such as the right of reproduction, the right of public performance, the right of public transmission, the right of exhibition, the right of distribution and the right of rental and the right of production of derivative works. This provision is also applicable to third parties which have a contractual relationship with the Company for the purpose of providing the concerned service. ※ Activity materials: The Report and the Album provided by the Service.
- Except for rights granted to the Company under this ToS, the User reserves all rights related to the content of the User. The Company shall not disclose the content of the User without a prior consent. Provided that the User is deemed to have agreed to using, editing, distribution and exhibiting the content if the User has distributed the content for the purpose of sharing, or granted a prior consent for such acts.
- In the case the content of the User contains items which are in violation with governing laws, the rightful person may request the Company to stop posting and delete the concerned content in accordance with applicable laws, and the Company may take necessary actions in accordance with applicable laws.
- The Member agrees that his or her face and other physical characteristics which can be used to identify a specific person by social norms will be photographed, depicted as a picture, or disclosed in content that another member posts for the first time. Provided that the Member who is not the exclusive owner of the portrait right to the concerned content shall obtain consent from all owner of the portrait right to the concerned content, in the case that the Member wishes to use the concerned content. Any legal liability which may arise due to the violation of this provision shall be held by the Member, and the Administrator Member, the Staff Member and the Company shall not take any responsibility.
- Even without the request of the rightful person, the Company may delete or take temporary measures for content falling into the following categories without a prior notice.
- Where it is deemed that the content is in violation of applicable laws or connected to criminal activities.
- Where there are justifiable reasons to recognized that the content infringes on the rights of the Company or third parties.
- Where the content is in violation of other policies of the Company.
Section 4 Mail-Order Business
Article 17 (E-commerce Services)
In this Terms of Service, the following terms used in Section 4 (Mail-Order Business) and Section 5 (Mail-Order Brokerage) are specifically defined as follows.
- Point: It refers to a pre-paid digital payment method which can be used to purchase Goods, etc, and pay for them.
- Smart Order: It refers to the type of order and the type of the Mall where the Administrator Member or the Staff Member selects the Goods, etc. required for the operation of the Center, and purchases and receives the supplies from the Partner. However, the Goods. etc. may be paid for by a family member.
- General Order: It refers to the type of order where the Goods, etc. are purchased and supplied at the Mall based on the terms agreed between the Member and the Company or the Partner.
- Gift Shop: It refers to the type of order where the User purchases an item from the Company or the Partner through the Mall, and the delivery of the item is executed based on the decision of acceptance or refusal of the person who is going to receive the Goods, etc. (“the Recipient”).
- Organizational Order: It refers to the type of order where the Administrator Member or the Staff Member purchases items from the Company or the Partner at the Photo Mall for Organizations and the Store.
- Non-Member Order: It refers to the type of order where the Member forwards the link of a product detail page created by clicking the “Share” button and forwards it to a Non-member, who then will access the page through the link without logging into the service and purchases only the concerned product from the Company or the Partner.
- Regular Order Service: It refers to a type of order where the User pays for the Goods, etc. on a regular basis based on the terms agreed with the Company or the Partner, and the Company or the Partner supplies the Goods, etc. on a regular basis.
- Ticket Product: It is a type of e-commerce where the Mall issues a certificate recorded with the fact that the certain quantity of a product or a service is saved via electronic means or that its electronic information is stored, and the Recipient (which refers to the User or a person to whom the User transfers the product to, and has the same meaning throughout the ToS) is provided with the Goods, etc.
Article 18 (Points)
- “Candy Point” (hereinafter referred to as “Candy”) refers to mileage points that can be accumulated and used in Kids Note. The Company may provide the Candy to the Member for satisfying certain conditions regarding service use such as purchasing the Goods, etc, posting reviews and participating in various events, in accordance with the User Guide in a separate guidance page on the Service. Point accumulation details by amount and product are subject to change based on the Company’s policies.
- One (1) Candy is worth 1 KRW in Kids Note, and the Member may use the Candy alone or along with another payment method in the course of using the Service in accordance with conditions set by Kids Note.
- When the Member buys the Goods, etc. in places where the Candy is accepted, the Company may restrict payment methods based on the special characteristics of the Goods, etc, or policies regarding where the Candy can be used. The use of the Candy may be restricted for specific types of order (A separate guide is provided through the Service page).
- Details regarding how the Candy is provided and used shall be based on policies set by the Company, and the Company shall disclose such information to the Member in the service page via a link, etc. This is applicable to all Members, and notices and processing may be limited for disabled accounts in accordance with applicable laws.
- The Candy provided for free shall not be converted to cash or refunded.
- The Candy shall be forfeited in the following cases and not be reinstated in any case.
- The expiration date of the Candy has passed
- The expiration date of the Candy provided for free has passed
- Free Candies that the Member has in the case of the termination of the service use agreement (including the unregistration of the member and account closure).
- The Member may use the Candy for his or her own transactions, and shall not in any case sell or transfer the Candy to another person, or engage in acts that can be regarded as actually selling or transferring the Candy.
- In the event that the Member obtains the Candy illegitimately or wrongfully, the Member shall not use the Candy and the Company may collect it.
- In the event that the Member uses the Candy for wrongful purposes or goals, the Company may restrict the use of the Candy by the Member, cancel purchases made with the Candy, impose sanctions in accordance with Article 15, or hold the Member responsible civilly and criminally.
- The Mall may regard the following cases as transaction activities for re-selling which interfere with the normal operation of the Candy, and restrict or cancel the accumulation of the Candy of the Member.
- Purchasing certain product types repeatedly
- Purchasing expensive product types repeatedly
- Purchasing home appliances, children’s items, food, etc. in large quantities.
- Other transactions which exceed a certain volume set by the Mall and are reasonably suspected as transactions for reselling.
- The Candy that the Member receives for free by purchasing the Goods, etc. or participating in events, etc, may be used only within the validity period set and notified by the Company.
- The Candy accumulated through purchases may be forfeited by the Company if the concerned purchase is cancelled or the Goods, etc. is returned. If there are remaining Candies, they may be deducted automatically. If there are no remaining Candies, the Candies that are newly accumulated may be deducted automatically until the total amount of the Candy to be forfeited are reached.
- The validity period of the Candy is one year from the last accumulation date, and if the Company notifies the validity period separately for certain events and services, such validity period shall be followed.
- The Candy will be used and expire on a “first earned, first used” basis.
Article 19 (Discount Coupons)
- In the event that the Member purchases the Goods, etc. through the Service, the Company may provide discount coupons offering a discount of a certain percent or amount off to the Member based on the policies of the Company.
- In the event that the Member purchases the Goods, etc. in places where a discount coupon is accepted, the Company may restrict the use of the discount coupon based on the special characteristics of the Goods, etc, or policies regarding applicable items, transaction amount, places where discount coupons can be used, etc.
- Details regarding how discount coupons are provided and used shall be based on policies set by the Company, and the Company shall disclose such information to the Member in the service page via a link, etc. This is applicable to all Members, and notices and processing may be limited for disabled accounts in accordance with applicable laws.
- Discount coupons shall not be converted to cash or refunded.
- Discount coupons shall be forfeited in the following cases and not be reinstated in any case.
- The expiration date of the discount coupon has passed.
- A purchase made with a discount coupon is partially cancelled. (The Member purchases multiple Goods, etc. at the same time and cancels a part of the purchases.)
- Existing discount coupons that the Member has in the case of the termination of the service use agreement (including the unregistration of the member and account closure).
- The Member may use discount coupons for his or her own transactions, and shall not in any case sell or transfer them to another person, or engage in acts that can be regarded as actually selling or transferring them.
- In the event that the Member obtains discount coupons illegitimately or wrongfully, the Member shall not use them and the Company may collect them.
- In the event that the Member uses discount coupons for wrongful purposes or goals, the Company may restrict the use of the coupons by the Member, cancel the purchases made with them, impose sanctions in accordance with Article 15, or hold the Member responsible civilly and criminally.
- The Member may use discount coupons only within the specified validity period and under the specified conditions.
Article 20 (Purchase Order)
The User shall place purchase orders in the Mall by using the following or similar methods, whereas the Company shall provide the following information in an easy-to-understand manner. Provided that the Non-member may purchase only the Goods, etc. which he or she accesses through a link forwarded by a Member. 1) Search and selection of the Goods, etc. 2) Entry of name, address, phone number and email address (or mobile phone number). 3) Confirmation of the Terms of Service, subscription of services that cannot be cancelled, shipping charges and installation cost, etc. Provided that these information may be provided only when the User makes a purchase for the first time.. 4) Expression of consent to this ToS, and confirmation of or refusal to Paragraph 3. (e.g. mouse click) 5) Purchase order of the Goods, etc and the confirmation of purchase, or consent to the confirmation from the Company. 6) Selection of a payment option.
Article 21 (Formation of Agreement)
- The Company may not accept a purchase order in Article 20 if it falls under each of the following cases (provided, however, that the Company shall notify that where it enters into an agreement with a minor, the minor or his/her legal representative may cancel the agreement if consent by a legal representative is not obtained):.
- Where the registrations have false, omitted, or mistaken information
- Where a minor purchases goods or services prohibited under the Juvenile Protection Act, such as cigarettes and alcohols or
- Where the Company’s acceptance of a purchase order is found to seriously affect the Mall’s technologies.
- A sales agreement of the Goods, etc. is formed when the User accepts the sales conditions of the Goods, etc. presented by the Company and expresses an intention to purchase it, and the Company expresses an intention to approve the purchase. Provided however that, in the case of Gift Shop, an agreement is not concluded finally if the recipient of the gift refuses to accept it even if the Company has approved the purchase.
- An agreement shall be deemed formed at the time when an acceptance by the Company reaches the User in the form of receipt confirmation notice in Article 23, Paragraph 1.
- The Company’s acceptance shall include confirmation of the User’s purchase order, availability for sale, information on the correction and cancelation of purchase order, etc.
- If the Company discovers any of the reasons in Paragraph 1 after the formation of an agreement, it may cancel the agreement immediately and in this case the payment made by the User for the Goods, etc. shall be returned immediately.
Article 22 (Method of Payment)
- Payment for the goods or services purchased at the Mall can be made in any of the following methods. However, with respect to the User’s payment method, the Company may not charge any type of fee in addition to the price of goods and services.
- Fund transfer such as phone banking, Internet banking, and email banking.
- Card payment such as payment with a prepaid card, a debit card, and a credit card.
- Online no-bankbook deposit
- Payment in digital currency
- Payment with smartphone.
- Payment in points issued by the Company including the Candy.
- Payment in gift cards contracted (agreed) with or recognized by the Company.
- Other payments via digital payment methods.
Article 23 (Receipt Confirmation Notice, and Modification and Cancelation of Purchase Order)
- Where the User makes a purchase order, the Company shall send a receipt confirmation notice to the User.
- The User having received the receipt confirmation notice may immediately request modification and cancelation of the purchase order in the case that there is a disagreement in the parties’ indication of intent, and the Company shall promptly follow the User’s request made prior to shipping. Provided that if a payment has already been made, provisions of the withdrawal of offers in Article 26 shall be followed.
Article 24 (Supply of the Goods, Etc.)
- The Company, unless there is a separate agreement with the User on the timing of the supply of the Goods, etc. shall take necessary measures, such as manufacturing and packing, so that the Goods, etc. can be shipped within seven days of the user’s order. However, if the Company has already received all or part of the payment for the Goods, etc. it shall take the aforementioned measures within three business days of receiving the payment. In that case, the Company shall take appropriate measures so that the User can check the procedure and status of the supply of the Goods, etc.
- The Company shall specify the modes of shipping, the party responsible for shipping charges by shipping mode, shipping deadline by shipping mode, etc. concerning the Goods, etc. purchased by the User. The Company, when failing to meet the agreed deadline of shipping, shall compensate for the User’s damages unless the Company shows that it bears no responsibility.
Article 25 (Refund)
The Company, when unable to deliver or provide the Goods, etc purchased by the User due to product sold-out and other reasons, shall promptly notify the fact to the User. If the Company has already received the payment for the Goods, etc, the Company shall make a refund or take necessary steps required to make a refund within three business days of receiving payment for the Goods, etc.
Article 26 (Withdrawal of Offers, Etc.)
- The User who has entered into a contract with the Company for the purchase of the Goods, etc. may withdraw his/her offer of purchase within a period specified below in accordance with Article 13, Paragraph 2 of the Act on Consumer Protection in Electronic Commerce, Etc. (If the period agreed between the User and the Company is longer than the period specified below, the agreed period shall be followed.) Provided that for some products such as performance/tickets and custom-order products, the use and offer withdrawal standards displayed at the bottom of the product detail page shall take priority.
- Within seven days of receiving a written agreement in accordance with Article 13, Paragraph 2 of the same Act. However, if the Goods, etc. is supplied later than the date of receiving the agreement, the period should be within seven days of receiving the delivery of the Goods, etc. or within seven days after the delivery start date of the Goods, etc.
- If the User has not received a written agreement in accordance with Article 13, Paragraph 2 of the same Act, has received a written agreement without the address of the mail order distributor, or is unable to withdraw his or her offer of purchase within the period specified in Subparagraph 1) due to the change of the address of the mail order distributor and other reasons, the User may withdraw his or her offer of purchase within seven days of learning the address of the mail order distributor or within seven days after the date the User should have learned the address.
- If there is an interference with the withdrawal of the offer of purchase stipulated in Subparagraphs 1 or 2 of Article 21, Paragraph 1 of the same Act, the User may withdraw his or her offer of purchase within seven day after the act of interference ends.
- In any of the following cases, the User who has received the Goods, etc. may not request return or replacement thereof.
- Where, due to the User’s fault, the Goods, etc. have been destroyed, lost or damaged. (However, the offer can be withdrawn when the package is damaged while the content of the Goods, etc. is checked.)
- Where, due to the User’s use or partial consumption, the value of the Goods, etc. has materially decreased.
- Where the value of the goods, etc. has seriously decreased to the extent that it is difficult to resell the Goods, etc. because of the lapse of time.
- Where the reproduction of the Goods, etc. with the same functionality is possible and the packing of the original Goods, etc. has been damaged.
- Where the provision of any services or digital content defined in Subparagraph 5 of Article 2 of the Framework Act on the Promotion of Cultural Industries has commenced: Provided, That this shall not apply to the portion for which the provision of such services or digital content has not commenced in cases of a contract comprising divisible services or divisible digital content.
- Where it is expected that allowing the withdrawal, etc. of an order of purchase of the Goods, etc. which are separately produced upon the User’ order or other Goods, etc. similar thereto would cause a serious, unrecoverable loss to the Company, and where such fact has been separately notified in advance with respect to the relevant transaction and the User’s written consent has been obtained (including in electronic form).
- In case of Subparagraphs 2 through 5 of Paragraph 2, if the Company fails to take measures to specify in advance the restrictions on withdrawal of offer, etc. at a place easily seen by consumers or to provide sample goods, the User’s withdrawal of offer, etc. shall not be restricted.
- Notwithstanding the provisions of Paragraphs 1 and 2, in the event that the content of the Goods, etc. is different from the labeled or advertised content or has been performed differently from the agreements, the User may withdraw his or her offer within 30 days from the date when the User has been provided with the Goods, etc. or within 30 days from the date when the User has known or should have known the fact.
- The price that the User actually pays for is a price to which the supply cost set by the company, the base service fee, a discount coupon applied to the product, shipping cost, option details for the selected product, etc. are applied (i.e. actual purchase price), and the actual purchase price is shown on the proof of purchase (cash receipt, tax receipt, credit card slip, etc) issued to the User.
Article 27 (Effect of Offer Withdrawal)
- In the event that the User has returned the Goods, etc. to the Company, the Company shall refund the payments for the Goods, etc. previously provided within three business days. In this case, if the Company has delayed refunding to the User payments for the Goods, etc., it shall pay an interest for delay calculated by multiplying the period of delay by the interest rate for delay prescribed by Article 21-3 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, Etc.
- Regarding the aforementioned refund, where the User has made a payment via credit card, electronic currency, etc. the Company shall promptly request the operator providing such means of payment to suspend or cancel the charge for the Goods, etc.
- In cases of offer withdrawal, the cost of returning the Goods, etc. supplied shall be borne by the User. The Company shall not claim against the User any penalty or damage based on the offer withdrawal. However, if the Goods, etc. were not as labeled or advertised or if the agreement has not been performed as agreed, thus resulting in offer withdrawal, the aforementioned cost shall be borne by the Company.
- In the event that the User has paid shipping costs for the Goods, etc. the Company shall clearly specify who should pay the costs at the time of the user’s withdrawal of offer in a way easily understandable by the User.
Article 28 (Special Provision for Withdrawal of Offer and Refund for the Goods, Etc.)
The User’s request for exchange and refund shall lose its effect in the event that the User fails to return the Goods, etc, which the User has received, within 14 days from the date on which the refund or exchange was requested. However, in the event that there is an original defect in the Goods, etc. and its existence has been proven clearly and objectively by a public authority, refund may be made based on this ToS as the Goods, etc. will be regarded as returned even if it is not returned.
Article 29 (Special Provisions for Regular Order Service)
- For regular order services, the method of purchasing and supplying the Goods, etc. shall be determined based on the conditions agreed between the User and the Company.
- For no-contract regular order services, prices, discount rates and transaction terms may change constantly due to the special characteristics of the concerned product or service, and payments shall be made based on the product price at the time of notification. The reference point for price determination is subject to change. If the User does not want to use the regular order service because of this policy, the User may terminate the agreement on regular order services. Also, the total product price shall change if the Goods, etc. included in the regular order service are added or modified.
- In the event that a payment is not made successfully due to the limit of the credit card used by the User or other reasons, the supply of the Goods, etc. for the concerned period may not be carried out. If the same situation is repeated for two or more times, the Company may cancel the agreement on regular order services for the concerned Goods, etc.
- In the event that there are circumstances where the Company is no longer able to sell the concerned Goods, etc. or to provide it through the regular order service, the Company may terminate the agreement on regular order services for the concerned Goods, etc. or skip its supply for the concerned period.
- The User may apply for the withdrawal and cancellation of the regular order service, offer withdrawal, the cancellation and termination of the agreement, etc, even during outside the business hours by notifying the intention to the Company.
- The Company shall make refunds resulting from the withdrawal and cancellation of the regular order service, and the cancellation and termination of the agreement using any of the following methods. In this case, the Company shall not limit the User’s right of choice unreasonably by limiting refund methods to gift certificates or points which can only be used in the regular order service, etc.
- Where the refund amount can be calculated fairly in proportion to the number of days or times that the Goods, etc. was used in accordance with applicable laws: The balance remaining after deducting the amount in proportion to the number of days or times that the Goods, etc. was used. However, if there are other regulations than the legal provisions used as the base of calculation, they shall be followed.
- Cases other than Subparagraph 1): Refund calculation method recognized in applicable laws, etc.
- Detailed standards regarding the restriction of service use shall be applied in accordance with this ToS and internal operating policies.
Section 5 Mail-Order Brokerage
Article 30 (Purchase Order)
- The provisions of this Chapter are applicable only to the Mall within Kids Note and Class Note where e-commerce services are provided.
- The User shall place purchase orders in the Mall by using the following or similar methods, whereas the Company shall provide the following information in an easy-to-understand manner. Provided that the Non-member may purchase only the Goods, etc. which he or she accesses through a link forwarded by a Member.
- Search and selection of the Goods, etc.
- Entry of name, address, phone number and email address (or mobile phone number).
- Confirmation of the Terms of Service, subscription of services that cannot be cancelled, shipping charges and installation cost, etc. Provided that these information may be provided only when the User makes a purchase for the first time..
- Expression of consent to this ToS, and confirmation of or refusal to Paragraph 3 (e.g. mouse click)
- Purchase order of the Goods, etc and the confirmation of purchase, or consent to the confirmation from the Company.
- Selection of a payment option
Article 31 (Receipt Confirmation Notice, and Modification and Cancelation of Purchase Order)
- Where the User makes a purchase order, the Company shall send a receipt confirmation notice to the User.
- The User having received the receipt confirmation notice may immediately request modification and cancellation of the purchase order in the case that there is a disagreement in the parties’ indication of intent, and the Company shall promptly follow the User’s request made prior to the conclusion of the agreement.
- Unless there is a separate agreement between the User and the Partner regarding the supply timing of the Goods, etc, the Partner who sells the product for which payment has been made shall change the order status to “Processing” within two days of receiving the User’s purchase order. The status will be changed to “Processing” automatically after two business days even if the Partner does not change it. The purchase agreement is concluded when the order status changes to “Processing”. Provided however that, in the case of Gift Shop, an agreement is not concluded finally if the recipient of the gift refuses to accept it even if the order status changes to “Processing”.
- If there are circumstances where the Partner is unable to sell the product, the Partner shall notify the fact to the User without delay.
- The User may cancel a purchase order only before the order status changes to “Processing” in the Mall.
- The User shall confirm the transaction within three days of receiving the Goods, etc. The Mall may proceed with a transaction confirmation process automatically if the User fails to express an intention to confirm the transaction or request for a refund, or other reasons for not confirming the transaction within this period. However, if there is no tangible delivery procedure due to the nature of “goods, etc.”, the transaction will be confirmed immediately.
- The mail-order brokerage service shall end when the User confirms the transaction, or when a payment is made to the Partner following the automatic transaction confirmation process in accordance with Article 6. Procedures such as offer withdrawal (transaction cancellation) and refund cannot be carried out after this point, and the User may not raise a claim against the Company. In this case, all issues including the refund for the Goods, etc. shall be handled directly by the Partner.
- Since the Mall does not intervene after the sales brokerage service ends, all disputes between the Partner and the User shall be resolved between the two parties.
- In the case that there are any dispute regarding shipping between concerned parties such as the Partner, the User and the shipping company, the Mall shall not be involved in such a dispute and take any responsibility. In this case, the disputes shall be resolved between concerned parties.
Article 32 (Method of Payment)
Provisions in Article 22 shall be applied accordingly.
Article 33 (Special Provisions for the supply and refund of the Goods, Etc)
- The Partner shall take necessary measures, such as order production, packaging, etc, so that the Goods, etc. can be delivered within seven days from the date of the formation of the agreement, unless there is a separate agreement between the Partner and the User regarding the timing of the supply of the Goods, etc.
- If the Partner fails to comply with Paragraph 1 and seven days have passed without sending the Goods, etc. to a delivery company, the agreement may be cancelled automatically and the payment for the product can be returned to the User.
- If the User cancels the order before the order status changes to “Processing” in the Mall, the Mall shall make a refund to the User” using the same method used by the User to pay for the order.
- If the Partner fails to send the product to a delivery company and the order is cancelled, the Mall may impose penalty against the Partner for rejecting a sale.
- The Partner shall take responsibility if any damage is suffered by the User for shipping-related issues.
- 1, 2, 4, and 5 of this Article do not apply when there is no delivery procedure of this type due to the nature of “goods, etc.”
Article 34 (Refund)
- In any of the following cases, the User who has received the Goods, etc. may not request a refund.
- Where, due to the User’s fault, the Goods, etc. have been destroyed, lost or damaged. (However, the offer can be withdrawn when the package is damaged while the content of the Goods, etc. is checked.)
- Where, due to the User’s use or partial consumption, the value of the Goods, etc. has materially decreased.
- Where the value of the goods, etc. has seriously decreased to the extent that it is difficult to resell the Goods, etc. because of the lapse of time.
- Where the reproduction of the Goods, etc. with the same functionality is possible and the packing of the original Goods, etc. has been damaged.
- Where the provision of any services or digital content defined in Subparagraph 5 of Article 2 of the Framework Act on the Promotion of Cultural Industries has commenced: Provided, That this shall not apply to the portion for which the provision of such services or digital content has not commenced in cases of a contract comprising divisible services or divisible digital content.
- Other cases stipulated by the Act on Consumer Protection in Electronic Commerce, Etc.
- Notwithstanding the provisions of Paragraph 1, in the event that the content of the Goods, etc. is different from the labeled or advertised content or has been performed differently from the agreements, the User may withdraw his or her offer within 3 days from the date when the User has been provided with the Goods, etc. A request for refund may be made by using one of the methods notified by the Mall.
- The refund of the Goods, etc, shall be made through the following process.
- When the User requests a refund in accordance with instructions disclosed by the User, the Mall shall notify immediately the fact to the Partner..
- The Mall may request the User to return the Goods, etc. that the User wishes to return to the Partner. If the User fails to return it to the Partner within 14 days of filing a refund request, the refund request of the User shall lose its effect. However, in the event that there is an original defect in the Goods, etc. and its existence has been proven clearly and objectively by a public authority, refund may be made based on this ToS as the Goods, etc. will be regarded as returned even if it is not returned.
- When the Goods, etc. is returned, the Mall or the Partner shall review whether the reason for the refund request meets their refund policies.
- The shipping cost required for refund and other necessary costs shall be paid the party at fault. In this case, the Partner shall be responsible for shipping costs due to defect or erroneous delivery of the Goods, etc, while the User shall be responsible for shipping costs in case of simple change of mind.
- If the refund request meets the refund policies, the refund process shall proceed for the User in accordance with this ToS.
Article 35 (Effect of Refund Request)
- In the event that a transaction is cancelled and a payment is returned, the Mall shall take necessary steps to refund the payment within three business days of the transaction cancellation date.
- Regarding the aforementioned refund, where the User has made a payment via credit card, electronic currency, etc. the Company shall promptly request the operator providing such means of payment to suspend or cancel the charge for the Goods, etc. In the event that the payment was made via a credit card, a refund shall be made by canceling the payment paid for by the same credit card and a cash refund shall not be given in any case.
Article 36 (Settlement of Payment)
- When the Partner delivers a product to the User who has paid for the product using the payment service provided by the Mall and the transaction confirmation is finalized in accordance with Article 31, Paragraph 6, the Mall shall make payments to the Partner after deducting transaction fees as notified in advance before the 10th of the following month.
- The Mall may deduct any cost incurred by reasons attributable to the Partner while calculating the sales money, and pay the balance to the Partner.
- If the Partner had sent a product using a delivery company but the completion of the delivery cannot be confirmed because the delivery cannot be tracked or due to other reasons, the Mall may pay the sales money to the Partner on the 45th day after the shipping date.
- The Mall may defer the payment of sales money to the Partner for a certain period of time in preparation for a potential refund request from the User, if the delivery of a product to the User is delayed for a long period of time due to any issue during the shipping process.
- In the event that there is a court’s decision such as a temporary seizure, a seizure and a collection order for the sales money based on a petition filed by the creditors of the Partner, the Mall may defer the payment until the court’s decision is lifted following an agreement between the Partner and creditors or debt repayment, or repay the debt of the Partner rightfully as the third party debtor.
- The Mall may defer the payment of sales money in any of the following cases. 1) In the event that the User make a payment using a credit card, the Mall may defer payment settlement for the Partner for up to 60 days to check whether a false transaction has been made through the wrongful use of the credit card, in accordance with regulations prescribed in the Specialized Credit Finance Business Act. In this case, the Mall may request the Partner to provide supporting documents to confirm transaction facts, and the Mall may pay the sales money to the Partner after the facts have been confirmed. 2) The Mall may defer the payment for three months if it is discovered that the Partner sells products which are inappropriate for sale, or if there are concerns of additional refund requests due to multiple user complaints and other reasons. 3) The Mall may defer payment settlement in part or in whole for a certain period of time after obtaining the Partner’s consent, if it is necessary in accordance with applicable laws or if there are other justifiable causes. 4) If there are reasons to defer payment settlement in accordance with this Article for some of the many products sold by the Partner, the Mall may defer for a certain period of time the settlement of other products sold by the Partner for which reasons to defer payment settlement do not exist, in part or in whole, on the ground that there are justifiable reasons for this action such as the prevention of damages to other users.
Article 37 (Precautions for the User)
- The User shall comply with the following while using the Service, and the Mall may impose sanctions in accordance with Article 15 or hold the User responsible civilly or criminally.
- "Users" purchase "goods, etc." that require a tangible delivery procedure
- The User shall pay for shipping when purchasing a product.
- The User shall check product information provided by the Partner carefully before deciding whether or not to buy the product.
- The Mall is a mail order broker which only operates, manages and provides a system for convenient transactions of the Goods, etc. between the User and the Partner. The User shall carefully check the details of the Goods, etc. and the terms of the transaction provided by the Partner in the Service before purchasing the Goods, etc. Any loss and damage that may arise as a result of purchasing the Goods, etc. without checking product details and transaction terms shall be borne by the User.
- The User shall comply with information and instructions on how to use the Service notified in this ToS and on the Mall’s service screen, and be held responsible for any loss or damage that may arise due to non-compliance or non-performance.
- If any reason for the withdrawal of a purchase order occurs to the Goods, etc. which has been purchased by the User, the User shall not use the Goods, etc. at his or her own discretion or leave it unattended so that it can be damaged. In the event that the Goods, etc. is damaged because the User has used it at his or her own discretion or stored it inappropriately, the User shall be responsible for costs equivalent to the damage.
- In the event that any dispute arises during the transaction procedure for the Goods, etc. between the User and the Partner, the User shall sincerely engage in a dispute resolution process and take full responsibility for losses or damages incurred to the Partner or the Mall due to insincere dispute resolution.
- The User shall use a payment method under his or her own name when purchasing the Goods, etc, and not use someone else’s payment method. The User shall take full responsibility for losses or damages incurred to the Partner, the Mall or the owner of the concerned payment method due to the inappropriate use of someone else’s payment method.
- With regard to the payment of the purchase price, the User shall take full responsibility for any issue arising from information provided by the User or any issue related to the information.
- Even when the Mall receives information related to the Goods, etc. provided by the Partner and posts it on its website, or when a third party provides information of reference products or related content on the website, the User shall take responsibility for his or her own judgment in making a purchase decision for the Goods, etc. In this case, the Mall shall not take responsibility for the transaction confirmation of the User in any case.
Article 38 (Service Use by the User)
- The Mall may check whether the User has a legitimate right to use the payment method when paying for the transaction, and may suspend or cancel a transaction until the confirmation is completed.
- The Mall shall manage various facilities and data so that the Service can be safely provided to the User, and check whether the Service is being used for the purpose of providing it. In this case, if it is confirmed that the User is in violation of the purpose of service use, the Mall may request for an explanation, and take necessary measures such as cancellation of the transaction.
- In the case that a minor purchase the Goods, etc. through the website, the minor or his or her legal representative may cancel the agreement if the representative does not agree with the agreement.
Article 39 (Special Provisions for Regular Order Service)
- For regular order services, the method of purchasing and supplying the Goods, etc. shall be determined based on the conditions agreed between the User and the Partner, and the Mall shall not be involved in or responsible for this matter.
- For no-contract regular order services, prices, discount rates and transaction terms may change constantly due to the special characteristics of the concerned product or service, and payments shall be made based on the product price at the time of notification. The reference point for price determination is subject to change. If the User does not want to use the regular order service because of this policy, the User may terminate the agreement on regular order services.
- The total product price shall change if the Goods, etc. included in the regular order service are added or modified.
- In the event that a payment is not made successfully due to the limit of the credit card used by the User or other reasons, the supply of the Goods, etc. for the concerned period may not be carried out. If the same situation is repeated for two or more times, the Partner may cancel the agreement with the User on regular order services for the concerned Goods, etc.
- In the event that there are circumstances where the Partner is no longer able to sell the concerned Goods, etc. or to provide it through the regular order service, the Partner may terminate the agreement on regular order services for the concerned Goods, etc. or skip its supply for the concerned period.
- The User may apply for the withdrawal and cancellation of the regular order service, offer withdrawal, the cancellation and termination of the agreement, etc, even during outside the business hours by notifying the intention to the Mall.
- The Mall shall make refunds resulting from the withdrawal and cancellation of the regular order service, and the cancellation and termination of the agreement using any of the following methods. In this case, the Mall shall not limit the User’s right of choice unreasonably by limiting refund methods to gift certificates or points which can only be used in the regular order service, etc.
- Where the refund amount can be calculated fairly in proportion to the number of days or times that the Goods, etc. was used in accordance with applicable laws: The balance remaining after deducting the amount in proportion to the number of days or times that the Goods, etc. was used. However, if there are other regulations than the legal provisions used as the base of calculation, they shall be followed.
- Cases other than Subparagraph: Refund calculation method recognized in applicable laws, etc.
- Detailed standards regarding the restriction of service use shall be applied in accordance with this ToS and internal operating policies.
Article 40 (Prohibited Acts)
- Any transaction directly made between the Partner and the User (direct transaction) without using the Service provided by the Mall shall be prohibited to ensure transaction safety. In this case, the parties involved in transactions shall be held responsible for any issue arising from direct transactions, and the Mall shall take no responsibility.
- Abnormal payments made through methods prohibited by applicable laws including the Specialized Credit Finance Business Act shall be prohibited, such as providing financing through disguised sale of goods or provision of services..
- Purchase activities without an actual intention to purchase the Goods, etc, such as a purchase without the delivery of the actual Goods, etc, as well as abnormal transactions using the discount rates, etc. offered by the Mall shall be prohibited.
- If the User performs any of the prohibited acts in this Article, the Mall may take such steps as forfeiting all or part of benefits which have been additionally provided to the User, restricting service use, and terminating the service use agreement.
Article 41 (Dispute Resolution)
- In the event that any dispute arises between the User and the Partner, the Mall shall operate a dispute resolution center to facilitate dispute resolution reasonably and smoothly.
- The User and the Partner shall engage in the arbitration of the dispute resolution center based on the principle of good faith.
Article 42 (Indemnification of the Mall)
- The Mall shall take no responsibility in the following cases. However, it is not applicable if the gross negligence of the Mall and its employee, executive and representative is recognized.
- The Mall is a mail order broker which only operates, manages and provides a system for convenient transactions of the Goods, etc. between the User and the Partner. The Mall shall not represent the User or the Partner, the responsibility regarding transactions concluded between the Users and information provided by the User shall be borne by the User.
- The Mall shall not guarantee or represent the content and transaction terms of the Goods, etc. registered by the Partner. Therefore, the User shall take responsibility for purchasing the Goods, etc.
- With regards to all acts between the Users (including transactions), the Mall shall not guarantee the existence and authenticity of the intention to sell or purchase, the quality, completeness, stability, legality and non-infringement of the rights of others, the authenticity or legality of information entered by the User or the Partner or material posted on a linked URL through the information, etc. All risk and liability related thereto shall be borne wholly by the concerned party.
- The Mall shall be exempted from responsibility if it is unable to provide the Service due to force majeure or any event equivalent thereto.
- The Mall shall not take responsibility for service failure caused by reasons attributable to the User.
Section 6 Others
Article 43 Relationship between the Linking Mall and the Linked Mall
- When an upper-level Mall and a lower-level Mall are connected by a method such as hyperlink (the object of hyperlink can include text, images, videos and advertisements), the former shall be a linking Mall (website) and the latter shall be a linked Mall (website).
- A linking Mall, when expressly stating on its main screen or on a pop-up screen at the time of linking that it shall not be responsible as a guarantor for any transaction between the User and the linked Mall concerning the Goods, etc. which are independently provided by the latter, shall not be responsible as a guarantor for such.
- This ToS and the Privacy Policy shall not be applicable to the linked Mall other than the Mall’s official website. The Use shall check the Terms of Service and the Privacy Policy of the linked Mall with regards to the service use and purchase of the Goods, etc. at the linked Mall, and be held responsible for any issue arising from a failure to take such actions. The Mall shall not be held responsible for the issues.
Article 44 (Terms of Service for Individual Services)
- In the event that the Company provides separate services related to the provision of the Service, it may have the Terms of Service and policies for the concerned service.
- In the event that the Company has the Terms of Service and policies for individual services, the Company shall have the User go through the agreement process when the User uses the concerned Service for the first time, and the Terms of Service of individual services take precedence over this ToS.
Article 45 (Limitation of Liability)
The Company shall not assure or guarantee any matter that is not prescribed in this ToS to the User. Provided that it is not applicable if the gross negligence of the employee, executive and representative of the Company and the Mall is recognized.
Article 46 (Indemnification for Damage)
- The Company shall compensate for damages incurred to the User due to the intention or negligence of the Company in accordance with this ToS and applicable laws. However, the Company shall take no responsibility for the following damages occurred without its intention or negligence. Also, the Company shall take no liability for indirect, particular, consequential, disciplinary and punitive loss. 1) Any loss occurred in an uncontrollable state including natural disaster or equivalent force majeure. 2) Service error due to reasons attributable to the Member. 3) Personal loss arising from access to or use of the Service. 4) Any loss originated from illegal access to or use of the Company's server by a third party. 5) Any loss originated from impeded transmission to or from the Company's server by a third party. 6) Any loss originated from transmission or spread of malware by a third party. 7) Any loss arising from use of the Service by a third-party including damage or defamation caused by omission, deletion, destruction, etc. of transmitted data. 8) Any other loss arising from acts of the Company that are not intentional or negligent.
- The Company shall have no obligation to intervene in any conflict between the User and a third-party regarding the Service as long as there is no intention or negligence on the Company’s part, and it shall take no responsibility therefor.
- The Company shall provide no warranty on credibility and accuracy of the Service, and information, data and facts posted in the Service, and take no responsibility for damages occurred to the User because of this.
- If the Company suffers any damage due to the violation of this ToS or applicable laws by the User, it may demand compensation from the User for the damage. In this case, the User shall not be indemnified unless it is proven that he or she is not intentional and negligent.
- Regarding the use of free services provided by the Company, it shall not held liable for any loss or damage unless otherwise specified in applicable laws.
- The Company shall not take liability if the User fails to make expected profits by using the Service. Further, it shall not be held responsible for damages occurred due to data obtained through the Service.
- Unless allowed specifically in an explicit written document signed by the Company, the User shall not perform business activities of selling goods through the Service, especially commercial activities through hacking, money-making ads, obscene sites, etc., and distributing commercial software illegally. The Company shall not be held liable for any consequential result or loss resulting from any business activity in violation of this provision or for any legal action by the authorities concerned.
Article 47 (Dispute Resolution)
- The Company shall establish and run a damages compensation department to reflect a justifiable opinion or complaint raised by the User and compensate for damages.
- The Company shall handle, as a priority, complaints and opinions submitted by the User. If it is difficult to handle them speedily, then the User shall immediately be notified of the reason thereof and the handling schedule.
- A User's filing of complaint in connection with an e-commerce dispute between the Company and the User may be subject to mediation by a dispute mediation agency as referred to by the Fair Trade Commission or mayor/province governor.
Article 48 (Jurisdiction and Governing Law)
- This ToS shall be construed and enforced under the laws of the Republic of Korea..
- In the event that any dispute arises between the User and the Company, the Company shall sincerely engage in the dispute resolution process to resolve the dispute. If the dispute is not resolved despite such efforts, the parties can file an action in the court for the address of the user at the time of filing, and if there is no address, the district court having jurisdiction over the place of residence shall have exclusive jurisdiction. However, if the address or residence of the User is not clear at the time of filing, or if the user resides in a foreign country, the complaint shall be submitted to the competent court under the Civil Procedure Act.
- Any lawsuit for electronic commercial transactions brought between the Company and the User shall be governed by the Korean laws.
Supplementary Provision
This ToS shall take effect on April 30, 2023. Provided however that persons who have signed up for the Service prior to the effective date shall be subject to this ToS as of May 29, 2023.
View Terms and Conditions before change
2022. 10. 30. ~ 2023. 4. 29. "Service" Terms of Use (Click)
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