Terms and Conditions
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of these Terms and Conditions is to set out the conditions of use of services and process between RSUPPORT Co., Ltd. (hereinafter referred to as the “Company”) and the Member; and the rights, responsibilities, liabilities and other necessary matters between the Company and the Member in connection with using services (which mean internet-based remote related services and the like as provided by the Company to enable the Member or customer to use remote support, real time remote consultation, remote sales and remote related services through the terminals including PCs, portable terminals, and various other wired and wireless devices and on and through internet).
Article 2 (Terms and Conditions Effectiveness and Amendment)
1. The Terms and Conditions shall take effect upon the publication on the product website (http://www.remotecall.com).
2. The Customers who have been registered as the member by agreeing and acknowledging expressly that they consent to these Terms and Conditions shall be subject to the Terms and Conditions upon consent hereto; whereas in the event where these Terms and Conditions are amended, then the amended Terms and Conditions shall be applied to the Members upon the effectiveness of such amendment.
3. The Company, as it deems necessary and in its discretion, may amend or modify these Terms and Conditions. In the event of amending these Terms and Conditions, the Company will specify the contents and effective date of such amendment and post online on the website or provide notification to the Members by an email by no later than 7 days prior to the effective date. The amended Terms and Conditions shall take effect on such post or notification of effective date described in the above.
4. Any member who does not agree on these Terms and Conditions as emended or modified, may terminate the Service Use Agreement by discontinuing use of the Service (withdrawal of membership). Provided, however, a Member may be deemed to have consented to the amended Terms and Conditions if the Member fails to withdraw from the Service within 7 days mentioned in the above.
Article 3 (Application of Terms and Conditions, and other Rules)
The Company may provide the separate terms and conditions and rules for specific services based on natures and characteristics of service. Any matters that are not set forth in these Terms and Conditions will follow the applicable laws and regulations including Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter, “Information and Communications Network Act”) and the Company’s separate terms and conditions and rules and the like.
Article 4 (Definitions)
As used in these Terms and Conditions, the following terms shall have the respective meanings set forth below:
1. “Member” refers to those who use the services provided by the Company based on an ID and Password granted by connecting to the Company’s website and agreeing to these Terms and Conditions; and Member is divided into two types: Regular Member and General Member.
① “Regular Member” (hereinafter, “Customer”) refers to an entity or an individual who has submitted the application for membership and got the Company’s approval and shall be liable for payment of usage charges to the Company.
② “General-Member” refers to those who have agreed to these Terms and Conditions of the website operated by the Company and have been registered as a member pursuant to the “Membership Application and Approval” procedure
2. “ID” refers to a unique code based on a combination of letters and numbers as selected by a customer and approved by the Company necessary for personal identification and service use.
3. “Password” refers to a combination of letters and numbers and/or character as selected by a Member to be linked to the Member’s ID to protect personal data on and through communication.
4. “Service Use Agreement” refers to an agreement to be executed by and between the Company and the Member connection with the service use.
5. “Term” refers to the predetermined period for the Member to enable to use the Service upon using the fee-charged service.
6. “Service” refers to all online services including remote support, remote sales, real-time remote consultation and related contents, as provided by Company to the Member through the website.
7. “Termination of Contract” refers to termination of Service Use Agreement by the Company or the Customer after opening the Service.
8. “Rescission of Contract” refers to cancellation of Service Use Agreement by the Company or the Customer before opening the Service.
9. “Temporary Suspension of Service” refers to the suspension of services for a certain time pursuant to certain requirement and policy set by the Company.
10. “Service Open Date” refers to the date on which the Company has taken and completed the necessary measures for the Member to enable to use the Service after the Member requested to use such Service,
11. “Change Date” refers to the date on which the Company has taken and completed the necessary measures to meet the Member’s request for change after the Member requested to change the contents of Service.
12. “Illegal Communication” refers to the communication including obscene contents, defamation of others by slanders and false accusations, intellectual property infringement such as piracy, national secrets infringement, and media contents harmful to minors under Youth Protection Act.
13. “Payment Service Provider” refers to the agency specializing in electronic payment services designated by the Company for the User to enable to choose various payment methods.
14. “Service Charge” refers to the usage fees to be paid to the Company by the Member for the purpose of service use.
CHAPTER II SERVICE USE AGREEMENT
Article 5 (Execution of the Service Use Agreement)
1. A Service Use Agreement is established between the Company and a Customer when a Customer desiring to use the service provided by the Company agrees to these Terms and Conditions; applies for service use in accordance to the form and procedure presented by the Company; and the Company approves such application.
2. The Member’s express consent to these Terms and Conditions shall be completed when a Member desiring to use the service clicks button “I Agree” on these Terms and Conditions upon application to use service.
3. Upon execution and establishment of the Service Use Agreement, the Company provides the Customer with customer pursuant to these Terms and Conditions. In principle, such Member ID shall not be changed. Provided, however, if change is necessary due to unavoidable reasons, then the Member shall apply for a new ID after cancellation of the previous ID.
4. All information entered on the online application form deems to be real data and any customer who have not entered the legal full name or real information shall not be legally protected.
Article 6 (Application for Use)
1. Application for use shall be conducted in a way that the Member enters following items on the application form from the Member Registration screen on the website (or service user registration screen).
① Company Name (Name of the company that the Member belongs to)
② Member Name
③ Business Type
⑤ Business Registration Number (only for business customers)
⑥ Address (zip code)
⑦ Contact Information (telephone, mobile phone, fax)
⑧ E-mail (electronic mail) address
⑨ Any other information requested by the Company
2. Customer who want to use the fee-charged service shall submit each of the following documents to the Company, separately from Paragraph 1 above, in a way that the Company approves, such as in person, mail, fax and the like.
① Service subscription form (prescribed form)
② Business registration certificate of the person responsible for paying fees (a copy of ID card for an individual)
③ Any other documents requested by the Company for personal identification or payment of fees/service charge.
3. If the Customer is a minor or the application for use is difficult due to other reasons then a parent or legal representative of such customer shall apply for service use and payment of fees/service charge.
Article 7 (Approval and Reservation of Approval of Application)
Unless there are any problems or difficulties in these Terms and Conditions, business and technicality regarding application of members, the Company will, in principle, approve the use of service.
Provided, however, the Company reserves to approve the application in the event of any of the followings.
① If the application has been made with any other person’s name instead of applicant’s real name.
② If the person has applied with false information on the application or attached false documents.
③ If there are concerns against social norms or public orders and morals.
④ If the applicant is registered as a delinquent borrower under the Law on the Use and Promotion of Credit Information.
⑤ If there are unpaid fees owed to the Company.
⑥ In case of insufficient facilities for the Service or technical or business difficulties.
⑦ It is difficult to approve for any reason attributed to the Customer.
⑧ Any other reasons deemed necessary by the Company
Article 8 (Changes in Matters of Service Use Agreement)
1. In case where any of the following cases occurs, the Member shall notify the Company of such immediately via electronic mail or pursuant to the Company’ instruction:
① Changes in the company name of the Customer and the person responsible for paying fees, name, address or contact information,
② Changes in the content of services (type, contract period and the like.), or
③ Change in the payment method
Article 9 (Termination of Service Use Agreement)
1. In case where a Member intends to terminate the Service Use Agreement, the Member shall submit the application for termination to the Company at least 7 days prior to the termination directly by himself/herself by or through online, telephone, fax, email and the like.
2. Any loss of all information of the Customer occurred upon or after the termination of Services at the request for termination by the Member shall be at the responsibility and liability of the Member, and thus the Member shall not make any claim for damages from such loss against the Company.
3. The Company may terminate the Service Use Agreement in case of any of the followings:
① The Member falls under any of the cases set forth in Article 29 (Limited Use of Services); or
② The Member’s breach or alleged breach of Article 32 (Member’s Obligations);
CHAPTER III THE OPENING AND USE OF SERVICES
Article 10 (Opening of Services)
1. Except for the case where the Company approves the Member’s application for use and the Company and such Member mutually agree the use of service, the Company will, in principle, open the service when the service fee has been paid in advance according to the procedure presented by the Company.
2. In case where the Service has not been opened due to business or technical difficulties of the Company, the Company will publish such matter to Members on its website or a separate service related website or separately notify by an email and the like.
Article 11 (Service Hours)
1. Members may use Services provided by the Company as set forth in these Terms and Conditions.
2. In principle, the service use is available 24 hours a day, every day, except for the regular system maintenance checkup occurring once a month, as long as there are no specific businesses or technical difficulties of the Company. Provided, however, the Company may limit all or part of the Service for the purpose of system check-up or other reasons.
Article 12 (Additions or changes to the contents of the service)
The Company may, at any time in its sole discretion and necessity, change or supplement the contents of the Services, without any prior notice. If necessary, the Company may post the changes or supplement to the content of the Service on the service related website or separately notify by an email and the like.
Article 13 (Consent on the Use of Members’ Information)
1. The Member acknowledges and agrees to the “Personal Data Protection Policy” of the Company and the Company may use the personal information of the Member for the purpose of performing the Service Use Agreement and providing services thereunder.
2. In order to certify as to whether the Member’s name is a real and legal full name, the Company may check the real-name status by providing the Company’s prepared and recorded information to the credit information company with which the Company made a contract separately, without a prior consent of the Member.
3. The Company may create and use the statistics regarding all or some Member’s personal information in connection with the work; and send cookies to the Member’s computer on and through services. In such case, Members may decline at any time receipt of such cookies or change the settings of the computer browser to make a warning notice about the receipt of such cookies. Provided, however, such collected personal information shall be used only for the overall statistical data.
Article 14 (Consent to the Use of Weblogs)
1. The Company may collect weblogs of customers who have visited the website of the Service, create statistics and use them. The Company is taking following measures for collection and statistics of weblogs.
① Insert a script on a website for collecting weblogs of customers
2. Customers personal information (name, age, ID(resident registration) number and the like) is not included in weblogs and non-personal information such as visit history and moving routes for analysis of the user’s usage patterns is only included.
Article 15 (Information Sharing and Advertisement)
1. The Company may provide the Member with various information that is considered necessary to use the Service through public notices or via electronic mail; provided that each Member may decline at any time receipt such electronic mails.
2. The Company may place advertisements related to the Service operation via the Service-related application program screen, homepage, electronic mail, etc. The Member may express to the Company that it declines receipt of any electronic mails with an advertisement.
Article 16 (Events and Prizes)
1. When winning prizes are supposed to be awarded from various events, any and all rights (including the winner’s grand prize and receipt of goods) may forfeit if there is any false information entered on the Member information at the application for membership.
2. Based on the separately established standard, various prizes are either provided on the prefixed date after identification verification or online transferred to the Member. Also, any kind of taxes may be imposed depending on the goods.
Article 17 (Suspension/Interruption of the Service)
1. The Company may temporarily limit or suspend the offering of Service in entirety or part in any of the following cases:
① When the key telecommunications business operator specified in Telecommunications Business Act suspends telecommunication services;
② When it is inevitable due to works for maintenance, repair, or checkup of service – information communication facilities;
③ When the normal use is difficult due to blackout, breakdown or interruption of various facilities or congestions of usage;
④ When the force majeure occurs such as natural disasters and national emergency, or
⑤ When the Company believes it necessary to suspend the service due to technical or business difficulties.
2. In the event of the suspension of services, the Company will notify the Members in a way as set forth in Article 34 (Notification to the Member); provided, however, if the Company is prevented from providing an advance notice for any unavoidable reasons, then the Company may publish the notice on its website or the separate service related website after any suspension.
3. The Company shall not be held liable for any damages to Customers in the event that service is temporarily suspended due to causes stipulated in Paragraph 1.
Article 18 (Deletion of Posts or Contents)
1. If any Member’s posts or Member generated Contents in the Service by the Member (including any posts between Members) fall under any of the followings, the Company may delete or remove such posts or contents from the Site or Service or decline the registration itself without any advance notice; and the Company shall not be liable for any claims or losses resulting from deletion or declination of the above.
① Any content that is engaged in an act to slander or defame the Company, other Members or any 3rd party;
② Any information, text, graphics, images and the like that contains in breach of or against social norms or public orders and morals;
③ Any content that is deemed to be connected to the criminal activities
④ Any content that infringes any rights including copyrights of the Company and/or 3rd parties
⑤ Any content that is not related to the Service provided by the Company.
⑥ Positing any unnecessary or unauthorized advertising or promotional materials
⑦ Any content that has been falsely made by an unlawful use of an ID, name and the like of other person; or that has been forged or manipulated of other person’s information entered into the Site.
⑧ Repetitive posts of same contents in multiple times against the purpose of post; or
⑨ Any content that is deemed to violate any applicable laws and regulations and the Company’s guidelines.
2. The Company may make and enforce the specific Guidelines for use regarding the Member’s posted contents; and the Member shall register or delete each post (including transmission between the Users) pursuant to such specific Guidelines for use.
Article 19 (Ownership of Rights)
1. Any and all copyrights and intellectual property rights as to the Service belongs to the Company. The copyright to the content posted by a Member in the Service belongs to the relevant copyrighter of such content.
2. A Member shall not use the information obtained on and through use of Services for profit, nor procure the third party to use it without the consent of the Company.
3. A Member shall not modify, lend, distribute, distribute, sell, produce, assign, sublicense, establish an security interest on, or engage in the commercial usage of the Company’s copyright properties in whole or in part; nor procure the third party to do so.
4. The Member shall grant the Company as to the Member’s posted or uploaded Contents with the following rights by the non-exclusive and royalty-free basis. Provided, however, as to the license fees for the subsection 2 below, the Company and the Member shall decide upon mutual agreement.
① to use the Contents for reproduction, modification, display, distribution, public transmission or for the creation of derivative works in relation to the Service.
② to grant the collaboration partners of the Company including media channels or communication companies to use the Posts and Contents of the Member, or
③ to use for the purpose of promotions of the Company and so on.
5. The above-referenced licenses granted in regard to the Posts and Contents permitted by the Member shall be effective during the operation of Services by the Company and continuously effective even after the Member’s withdrawal from the Membership unless such Member requests separately.
Article 20 (Test Purpose Services and etc.)
1. The Company may provide services to the Members for a certain period for testing purposes before providing a new service for a fee.
2. In case of services of testing purposes, program may be updated from time to time, for service reliability and etc., without an advance notice to the Members.
3. Upon closing the test service, member’s information and posts will be deleted or removed from the Site and the rights to use the service will be also suspended.
Article 21 (Types of Service)
1. RemoteCall service
1) RmoteCall service is a remote support service through the internet connection and that assists in remotely diagnosing and solving customers’ problems easily and quickly by allowing RemoteCall customers to have a chat or share and control customer’s computer screen with customers remotely.
2) The specific types, plans and charges of the RemoteCall Service are as posted on the Company’s website (www.remotecall.com) and the separate related service page
2. RemoteView Service
1) RemoteView is a service that lets the customer remotely access customers’s computers through the internet connection, regardless of time and place; the user easily control customer’s computers in real-time in a quick and secure way after customrs’s installing the agent program on the remote PC or servers to be managed.
2) The specific types, plans and charges of the RemoteView Service are as posted on the Company’s website (www.rsupport.com) and the separate related service page.
3 RemoteAPI Service
1) RemoteAPI is a modularized product designed to allow the addition of an 18 remote functions to the existing software. To implement a remote control for customer software or service, Customer don’t have to buy additional products. It is a service that allows anyone to easily implement remote control feature with a simple API configuration.
2) The specific types, plans and charges of the RemoteAPI Service are as posted on the Company’s website (www.rsupport.com) and the separate related service page
Article 22 (Adding Services)
1. The Company may provide additional new services other than the above Services; and new services will be provided pursuant to these Terms and Conditions.
2. Detailed terms and conditions necessary for providing the new service shall be announced on the website at the time of application for each service. If there is any difference between these Terms and Conditions and separate specific terms and conditions for each service, then these Terms and Conditions are controlling and prevailing.
Article 23 (Types of Fees)
1. Initial costs (subscription fee, initial installation fee and etc.): These costs shall be incurred one time at the time of subscription for building the necessary environment for the service provision.
2. A type of service fee shall be as follows, and there may be additional plans for each service pursuant to the Company’s policy.
① Monthly Charges: Service fee for one month is covering for the period from the service opening date to one day before the service opening date of next month.
② Yearly Charges: Service fee for one year from the service opening date to one day before the service opening date of next year.
③ Period Charges: Service fee for the use during a specific period of time .
Article 24 (Calculation of Fees)
1. Charging of fees is from the service opening date based on the service use agreement and it is calculated based on the service period, regardless of whether the service was actually used.
2. For the calculation of daily fees, one day is from 00:00 to 23:59 and if the starting or ending time of the Service provision is in the middle of the day, it is considered as one day.
3. For the calculation of monthly fees, one month of fees is from the service opening date to one day before the service opening date of next month and, for the calculation of yearly fees, one year of fees is from the service opening date to one day before the service opening date of next year.
4. For the calculation of yearly fees, one year of fees is from the service opening date to one day before the service opening date of next year and other conditions are the same as the calculation of the monthly fee.
Article 25 (Payment Methods)
1. Payment can be made by the payment methods specified by the Company such as on-line transfer to a bank account, automatic bank withdrawal payment, and credit card payment. Provided, however, the payment method for each service may be limited due to circumstances of the Company.
2. If there is separate Payment Service Provider which is operating each payment methods above, Customers must comply with the procedures presented by the corresponding Payment Service Provider before using the relevant payment method. When paying the service fee to the Company, customer(s) is considered to have agreed to the terms and conditions and implementation of the procedure presented by the applicable Payment Service Provider.
3. In the case of on-line transfer to a bank account, the applicant or the transferor must notify the Company via telephone, e-mail or fax if the applicant and the transferor on the application are different. All responsibility due to omission remains in the applicant.
4. Payment confirmation is made within business hours (weekdays working day, Mon~Fri, 9:00 am ~ 6:00 pm) of the Company and the processing of payment after closing are completed during business hours of the next business day.
Article 26 (Billing and Payment of Fees)
1. Customers must pay the fees in advance before opening the service. However, if the customer pays with the method of on-line transfer to a bank account, the corresponding amount must be remitted within one week of completing the service use application and, if it is not remitted within one week, the Company may withdraw its application.
2. The Company sends the receipt or the invoice of service fees after receiving the charged service application and opening the service to the Customer on the application via mail, e-mail or other methods presented by payment provider.
3. If the Customer has selected the automatic bank withdrawal payment method, the agreed amount is automatically debited on the date and from the relevant account of the information that the Customer has provided at the time of signing the Service Use agreement. However, when the balance of the account designated as the account of withdrawal is insufficient for the billed amount, the Company can practice a partial withdrawal (within limits of the account balance) and can re-debit regarding the shortfalls after the payment due date.
Article 27 (Price Refund, Etc.)
1. The Service for Fee provided to a customer by the Company shall be offered in two categories: the Service for with a subscription application can be withdrawn and the Service for which such withdrawal is restricted. The customer may withdraw a subscription application for the Service permitting withdrawal within 7 days from purchase, and such withdrawal is restricted if it is made after the 7-day period expires or is otherwise restricted by the applicable laws and regulations including laws on Consumer Protection of e-commerce and the like. Any Service with restrictions on a subscription application withdrawal shall be indicated as such on a pop-up or linked screen.
2. In case of an excess or mistaken payment of fees by a User, the Company will return such fees or settle it on the next fees. If an excess or mistaken payment of fees occurs due to the willful conduct of or causes attributed to a User, then the expenses incurred by the Company to refund such excess and the like shall be borne by the User to the extent that is reasonable.
3. Grounds for refund to be made to a User for causes attributed to the Company are as follows. Other than the above cases, fees are not refundable in midway terminations. Even in following cases, refund shall be made upon the User’s request, and the Company will refund the fee applicable to the remaining term of the Service Use Agreement. Provided, however, as to the corporate customers, the amount applicable to 20% of the refund charges shall be deducted as the penalty for the cancellation.
① It is substantially unfeasible to use the Service due to a material defect in the Service and certain important data of the customer is permanently deleted due to a problem with the Company servers.
② It is no longer possible to provide the Service due to the permanent suspension of the network service.
4. Upon a customer refund request, the Company may verify the purchase details and request the customer to submit the following documents for identification purposes, which the User shall submit to the Company via email, facsimile transmission, etc.
① Application of Termination
② One copy of a bankbook in the name of the refund requester or the company
③ One copy of the document to verify the identity of the refund requester (may not be asked to submit depending on the circumstances)
④ One copy of the payment receipt of fee payments (may not be asked to submit depending on the circumstances)
5. The Company makes best efforts to complete the refund as soon as possible from the date of receiving the documents specified in Paragraph 4 from the customer.
6. If the customer withdraws a subscription application, the Company will take back or delete the User’s paid up contents and the Service for Fee and refund the payment received from the User within 15 business days from the date of deletion. In this case, if the Company delays the refund to the User, the Company pays the delay interest calculated by multiplying the rate prescribed by the law on the Consumer Protection in the e-commerce transactions and etc. and the enforcement ordinance for the delayed period. If the goods are already partially used or consumed, the Company can charge the User of the amount worth of costs required for supplying such goods and benefits that the User has gained due to partial use or consumption of goods. If the user withdraws the subscription, costs for the return of goods are borne by the User, but the Company cannot charge the User with penalty or damages with the subscription withdrawal as a reason.
Article 28 (Application for Contest)
1. If there are objections to the charges sent from the Company, customers can file an objection to the Company and the Company replies the Customer of objection with the result of the received such objection within 48 hours after receipt.
2. If replying to the Customer’s objection within 48 hours is difficult, the company informs the customer of possible schedule for replying and the Company takes measures to prevent any disadvantages from occurring to the Customer.
3. If there is an excess payment of mistaken payment on the Customer’s paid fees, the Company notifies the Customer via telephone or e-mail and the Customer settles the fee in accordance with the procedures instructed by the Company.
CHAPTER V LIMITED USES OF SERVICES AND ETC.
Article 29 (Limited Use of Services)
1. If the Customer falls into each following subparagraph, the Company notifies the relevant Customer of the appropriate details in a way set forth in Article 34 (Notification to Members) or other available methods and then may suspend or limit the Customer’s use of Service until the relevant causes are resolved.
① If it falls under the act against social norms or public orders and morals.
② Acts of defamation against someone else or giving a disadvantage to others.
③ A large amount of information transmission that can affect the stable service operation and acts of hacking (cracking), spreading computer virus program and sending and intermediating the advertising information.
④ If unauthorized advertisements without the Company’s approval, spam mails, chain letters, pyramid schemes and other forms of offers are posted, shown, e-mailed or sent through other methods.
⑤ If someone else’s patent, trademark, business secret, copyright, and content that infringes other intellectual property is posted, shown, e-mailed or sent through other methods.
⑥ If false information was entered when application for membership and application for service use.
⑦ If other customer’s ID or name was illegally used.
⑧ If there are violations to other relevant laws or terms and conditions set by this agreement.
2. If a Member wishes to terminate the Service Use Agreement, such person shall apply for termination to the Company on the website (only in the event where the Company allowed the termination to be conducted through the website) or with a separate method determined by the Company.
① If a Member does not fulfill the obligations of membership as set forth in Article 32, the Company can suspend the use of service or terminate the Service Use Agreement without a prior notice. In this case, the Member may contest according to the procedures established by the Company and, if the Company acknowledges that the contest is reasonable, it immediately resumes the use of service.
② The Company may limit the use of services based on the Member’s qualifications even after the Member signed the Service Use Agreement and was given with an ID and password.
Article 30 (Prohibition of Assignment)
1. Members cannot resell the Services provided by the Company to third parties. Provided, however, this excludes cases of signing a separate contract with a purpose of resale.
2. Members cannot assign, transfer or bestow the right to use the Service and other status of the contract. Any and all rights and responsibilities including copyrights regarding Posts remain in the Member who posted them.
CHAPTER VI OBLIGATIONS AND RESPONSIBILITIES
Article 31 (Company’s Obligations)
1. Unless there are special circumstances, the Company allows Customers to use the service on the day which the User indicated a preferred opening date in the application.
2. As long as there are no business and technical difficulties, the Company provides the service a year-round (24 hours / 365 days). Provided, however, this excludes routine or non-routine maintenance conducted for stabilization of the Service.
3. The Company shall immediately process any opinion or complaint raised by any Customer regarding the use of the Service that is acknowledged as being justifiable. However, if the immediate handling is difficult, the Company shall notify the Customer of the reason and schedule via e-mail or telephone.
4. The Company shall not distribute to any other persons the Customer’s information obtained in relation to the provision of the Service without a prior consent of such Customer. Provided, however, it may exceptionally be used if requested by the relevant authorities for the purpose of the investigation in accordance to the relevant laws and regulations; at the request of the relevant government authority; and if there is a nonpayment of fees for the period set by the Company and it is provided to credit providers or credit information collection agencies after notifying the Customer.
Article 32 (Member’s Obligations)
1. When applying for membership, Customers shall enter all details based on the fact; provided, however, that if registered a false or someone else’s information, such person shall not be entitled to claim any rights whatsoever.
2. Members in using the services provided by the Company should not conduct each following subparagraph.
① Entering false information when applying for membership registration or modifying member information or stealing or fraudulently using another member’s ID and password.
② Trading Member’s ID or account with others.
③ Defaming or giving disadvantage to another person.
④ Linking obscene sites or posting obscene material on the board and etc.
⑤ Infringing the Company’s intellectual property, third party’s intellectual property and other rights.
⑥ Disseminating the information, statements, graphics and audio to others against social norms or public orders and morals.
⑦ Registering or spreading computer virus infected data that causes malfunction of equipment associated with the Service, destruction of information and induction of confusion.
⑧ Using the Service by exploiting a bug in the program.
⑨ Intentionally interfering with the service operation.
⑩ Modifying posted information on the Company’s websie/page and transmitting or posting information (computer programs) other than information posted by the Company.
⑪ Posting or sending via e-mail, data including software virus, other computer code, file and program designed with a purpose to disturb and destroy the normal operation of computer program, hardware and telecommunication equipment.
⑫ Collecting or storing other Member’s personal information without the Company’s approval.
⑬ Posting writing or sending an e-mail by stealing someone else’s name or impersonating an employee or an operator of the Company.
⑭ Other illegal or improper acts.
3. Members must comply with requirements notified by the Company such as applicable laws and regulations, these Terms and Conditions, guidelines, instructions and notices; and shall not engage in any acts that interfere with the business of the Company.
4. Members shall be liable to pay the fees established on these Terms and Conditions for consideration of using the Service; and Members shall be liable for any and all problems arising from or caused by unpaid service charges. Provided, however, this will not apply to cases of reasons attributed to the Company or reasons acknowledged by the Company.
5. If any change occurs in the Customer’s information from the time of service application, the Member must immediately notify the Company of the content of such change and the Company shall not be held liable for any matters caused by the delayed notification.
6. If a Member causes a malfunction to the Company’s service, such Member must compensate the Company in full for costs incurred from supplementation, repairs and other constructions and any damages and losses.
7. All problems related to copyrights of all information provided by the member are at the responsibility of such member.
8. A fee paid in advance cannot be resold or transferred to other person and the Company shall not be held liable for exchanging or replacing the ID and password provided to members in cash or other securities.
9. Members may not assign, transfer, give or bestow the right to use the Service and other contractual status and interest of Service Use Agreement.
Article 33 (Obligations to Maintain Member’s ID and Password)
1. Members must thoroughly manage the Member ID and Password.
2. Members shall be responsible for all the consequences caused by the illegal use and negligent management of Member ID and Password and the Company shall be responsible for problems caused by reasons attributable to the Company such as breakdown of the Company’s system.
3. Member shall not allow any third party to use Member’s ID and Password. If Member becomes aware that his/her ID and/or Password was stolen or is being used by a third party, then such Member shall notify the Company of such immediately and follow the Company’s instruction accordingly.
4. Members may not lend or transfer the right to use Service and other contractual status and interest of Service Use Agreement to a third party and, nor offer it as collateral. If a Member conducts such act, the Company may limit the Member’s use of service and the member is solely responsible for the consequences of above acts
5. Member’s ID may not be changed without the prior consent of the Company
Article 34 (Notification to the Member)
1. The Company may notify Members by using the e-mail address or contact information (telephone and mobile phone) submitted to the Company by members.
2. In the case of notification to many and unspecified members, the company can substitute individual notifications by posting them on the website and relevant service site.
Article 35 (Changing Member Information)
1. Members may review and modify their personal information at any time through the personal information management screen. Provided, however, any real name and ID, which are necessary for service management, must not be modified.
2. If any matters entered at the time of applying for Member registration have been changed, such Member shall modify them online or notify the Company of such changes by an e-mail. The Company shall not be held liable for any disadvantages resulting from the Member’s failure to notify the Company of such changes.
Article 36 (Obligation to Protect Personal Data)
1. The Company makes efforts to protect Member’s personal data including Member’s registration information in accordance with the applicable laws and regulations.
2. The applicable laws and regulations and the Company’s personal data management policy apply to the protection of personal data of Members. Provided, however, the Company’s personal data management policy will not apply to any linked websites other than the Company’s official one. Also, the Company shall not be held liable for the information exposed due to reasons attributable to the Member
Article 37 (Preservation of Transaction Records and etc.)
1. The Company preserves transaction records up to 5 years in accordance with relevant laws and regulations such as Information and Communications Network Act.
2. In the case where the Company requests the Member to check into and confirm the contents submitted data because of the difference between Data preserved in the database within the Company and the Data preserved in the database of the billing authority, the Member must comply with such request.
CHAPTER VII COMPENSATION FOR DAMAGES
Article 38 (Range of Compensation for Damages)
1. Members shall fully indemnify and hold harmless the Company from any damages or losses caused by breach of these Terms and Condition by Members in using services
2. Members shall, at its own costs and liability, fully indemnify and hold harmless the Company from all third-party claims, demands losses, causes of action, damage, lawsuits, and judgments, to the extent such caused by the unlawful act or breach of these Terms and Condition by Members in using services. If the Company has not been fully indemnified or held harmless, then the Member must compensate for all damages or losses caused to the Company.
3. The Company shall not be held liable for any damage caused to Members regarding the use of free services or damages caused during the period in which the service was provided for free (includes Services for Testing purposes).
4. If Customers are not able to use the service due to reasons attributable to the Company, the Company compensates for damages.
① The Company takes possible measures to resume service from the moment (or the moment that the Company has acknowledged) it has received from the Customer of the fact that they were not able to use the service and notifies Customers when they are able to use the service again. However, this excludes cases of the service being normalized within four hours after the customer submitting the fact that the service is unavailable.
② If Customers are not able to use the Service due to reasons attributable to the Company, then the Company compensates the amount calculated by three times the number of multiplying the Customer’s daily average rates of the last three months (the applicable period is applied if less than three months) to the time of service provision stoppage divided by 24 or the equivalent extension of service period as to the cases of the Service not provided more than four hours upon the time when the Company has acknowledged the fact that customers were not able to use the service or twelve (12) hours for the monthly accumulated unavailable services. In this case, if the singular number is less than one hour, it is considered as one hour.
③ Claims for damages against the company must be done in writing by stating viding reasons for claims, charges and calculation basis to the company and, if three months have passed from the date of occurrence, the right to claim for damages against the company shall be lost.
Article 39 (Indemnification)
1. If the Company is unable to provide the Service for natural disasters and the similar level of national emergencies, an act of God or any equivalent force majeure, the Company shall not be liable for providing services.
2. The Company shall not be liable for interruption of Services due to reasons attributable to Members such as intentions or negligence.
3. The Company shall not be liable for the Service not being able to be provided due to unavoidable reasons based on the nature of telecommunication services or if the Service Provision is temporarily suspended for change, replacement and update of the Service provision related system.
4. The Company shall not be liable for the loss of the Member’s information due to the Service being terminated for reasons attributable to the Member.
5. The Company shall not take responsibility if the member does not receive benefits expected from the service provision of the Company or if damages are incurred by use or selection of service data and potential value accompanied with the Service.
6. In no event will the Company be held liable for the accuracy, reliability, etc. of any information, reference or fact posted by a Member in connection with the Service. .
7. The Company shall not be liable for any losses or damages incurred from transactions of goods or products, etc. between Members and between a Member and a 3rd party made through the Service.
8. The Company shall not be liable to intervene in any disputes between Members and third parties made through the Service and further the Company shall not be liable for any damages caused.
Article 40 (Dispute Resolution)
1. Members and the Company shall discuss and consult in good faith to amicably resolve the problems and matters caused regarding the use of Service.
2. Notwithstanding the foregoing Paragraph 1, the court applicable to the location of the Company shall have jurisdiction for any litigation of disputes between the Company and Member(s).
3. Lawsuits filed between the Company and Customers/Members are applied with the laws of the Republic of Korea.
Article 1 (Effective Date)
These Terms and Conditions will apply from Oct.13, 2016.
Article 2 (Amendment)
The amended Terms and Conditions will apply from Oct.13, 2016 and hereby supersedes the previous Terms and Conditions.