Terms and Conditions for Service Use for [Bizwin Korea]
Article 1 (Purpose)
The purpose of these Terms and Conditions is with respect to the use of the Internet related services (hereinafter referred to as “Services”) provided by the cyber shopping mall [쇼핑몰 이름] (hereinafter referred to as “Mall”) operated by [회사명] (hereinafter referred to as “Company”), to set forth the rights, obligations, and duties between the Company and users.
Article 2 (Definitions)
① “Mall” shall refer to a virtual business place established in order for users to make transactions for goods, etc. by using information communication facilities including computers to ensure that the Company provides users with goods or services (hereinafter referred to as “Goods, etc.”), and shall also refer to an enterpriser who operates a cyber mall.
② “Users” shall refer to members and non-members who get access to the “Mall” and receive the Services provided by the “Mall” under these Terms and Conditions.
③ “Members” shall refer to persons who have provided their personal information to the Company and registered their membership for the Services, and who can be continuously provided with information of the Services and continue to use the Services provided by the Company.
Article 3 (Posting and Modification of Terms and Conditions)
① The Company shall post the content of these Terms and Conditions, the Company’ s trade name, the name of its representative director, the address where its business place is located (including the address where complaints of consumers can be handled), telephone numbers, fax transmitter numbers, e-mail addresses, business registration numbers, the declaration number of communication sales business, the personal information manager, etc. on the start-up screen (the entire page) of the Services in order to ensure that users can easily see the information; provided, however, that the content of these Terms and Conditions may be made for users to see the content through the connected screens.
② The Company may request users of confirmation by providing a separate connection screen or pop-up screen to ensure that users can understand the important content, such as Withdrawal of Offer, Liability for Shipping, Conditions for Return, among the content set forth in these Terms and Conditions before users consent to these Terms and Conditions.
③ The Company may modify these Terms and Conditions to the extent that it does not violate relevant laws, including the Act Relating to Consumer Protection in Electronic Commercial Transactions, the Act Relating to Regulation of Contractual Terms and Conditions, the Electronic Transaction Basic Act, the Electronic Signature Act, the Act Relating to Information Protection for Information Communication Network Use Promotion, etc., the Act Relating to Door-to-Door Sales, the Consumer Protection Act.
④ In the event that the Company modifies these Terms and Conditions, it shall specify and post on the start-up screen for the Services the date of application and the reasons for modification together with the current Terms and Conditions from seven (7) days before the date of application; provided, however, that where these Terms and Conditions are modified unfavorably against the users, the content shall be notified with a prior grace period of at least no less than thirty (30) days. In this case, the Company shall specify the content before and after the modifications by clear comparison to ensure that users can easily see the content.
⑤ In the event that a user does not consent to the modified Terms and Conditions, the Company may block the use of the Services. If the user continues to use the Services, the user shall be deemed to have consented to the modifications of these Terms and Conditions.
Article 4 (Applicable Rules Other Than These Terms and Conditions)
Any matter that is not provided in these Terms and Conditions or any interpretation of this agreement shall follow the Act Relating to Consumer Protection in Electronic Commercial Transactions, the Act Relating to Regulation of Contractual Terms and Conditions, the Guidelines for Consumer Protection in Electronic Commercial Transactions set forth by the Korea Fair Trade Commission, and relevant laws or commercial practices.
Article 5 (Provisions and Changes of Services)
① The Company shall provide the following services:
1. To provide information on goods or services and enter into purchase agreements;
2. To ship the goods or services for which a purchase agreement is entered into; and
3. To provide any other services set forth by the Company.
② In the event that the qualities or technical specifications of the goods or services are changed, the Company may change the content of goods or services to be provided under an agreement to be entered into in the future. In this case, the Company shall post on the Services and notify the content of the changed goods or services, the date of provisions, etc.
③ In the event that it is unavoidable for the Company to change the content of the Services to be provided under agreements with users because of the qualities of goods, etc. or a change in technical specifications, etc., the Company shall forthwith notify users of the reasons.
④ In case of the prior Section, the Company shall compensate for damages incurred to users as a result; provided, however, that it shall not be the case where the absence of willfulness or negligence of the Company is proven.
Article 6 (Suspension of Services)
① In the event that there are reasons including the repairs, checking, exchanges, and failures of information communications equipment including computers, or stoppage of communications, etc., the Company may temporarily suspend the provisions of the Services.
② The Company shall compensate for damages incurred to users as a result of the temporary suspension of the provisions of the Services for the reasons of Section ①; provided, however, that it shall not be the case where the absence of willfulness or negligence of the Company is proven.
③ In the event that the Company has become unable to provide the Services for the reasons of conversion of business items, renunciation of businesses, or integration between companies, etc., it shall give users a notice thereof in the manner set forth in Article 8.
Article 7 (Membership Subscription)
① A user shall apply for membership subscription by giving his or her manifestation of intention to consent to these Terms and Conditions after entering the membership information according to the subscription form prescribed by the Company.
② The Company shall register users who have applied for membership subscription under Section ① unless a user falls under each of the following items:
1. In the event that a subscription applicant has ever lost his or her prior membership qualifications under Article 7 Section ③ of these Terms and Conditions (provided, however, that exceptions shall be made where three (3) years has lapsed after a user has lost his or her membership qualifications under Article 7 Section ③ and the user has obtained approval of re-subscription from the Company.);
2. In the event that there are false information, omitted information, or mistaken entries in the registered matters; or
3. In the event that a user’s membership registration is found to seriously affect the Company’s technologies.
③ An agreement for membership subscription shall be formed at the time when approval by the Company arrives at a User.
④ In the event that there is a change in the registered matters provided to the Company at the time when a Member has applied for membership or applied for a purchase agreement, the Member shall forthwith notify the Company of the change(s) by e-mail or in any other way.
Article 8 (Withdrawal from Membership and Disqualifications, etc.)
① Members may at any time request the Company of their withdrawal from membership, and the Company shall forthwith handle the withdrawals from membership.
② In the event that a Member falls under each of the following reasons, the Company may restrict or discontinue his or her membership qualifications:
1. In the event that a Member has registered false information at the time of applying for membership;
2. In the event that a Member has not paid amounts for goods, etc. purchased by use of the Services, or any other liabilities payable by the Member with respect to use of the Services;
3. In the event that a Member threatens the order of electronic commercial transactions by obstructing third parties’ uses of the Services or misappropriating the information; or
4. In the event that a Member engages in activities that are prohibited under the laws or these Terms and Conditions, or are against the public orders and good morals by using the Services; or
③ In the event that after the Company has restricted or suspended the membership qualifications for a Member, the Member repeats the same activity no less than twice or the reason is not corrected within thirty (30) days, the Company may forfeit he membership.
④ In the event that the Company has forfeited the membership qualifications, it shall cancel the membership registration. In this case, the Company shall notify the Member thereof and provide an opportunity to explain away by specifying a period of at least no less than thirty (30) days before cancellation of the membership registration.
Article 9 (Notifications for Members)
1. In the event that the Company gives a notice to users, it may do so with the e-mail addresses provided to the Company by the users.
2. In the event that the Company gives a notice to unspecified and many users, it may replace individual notifications with posting the notifications on the service bulletin board for no less than one (1) week; provided, however, that individual notifications shall be given with respect to the matters that seriously affect a Member’s own transactions.
Article 10 (Application for Purchase)
Users shall apply for purchase of the goods, etc. in the manner prescribed in the Services. When users apply for purchases, the Company shall provide each of the following content to ensure that users can easily see the content:
1. To search and select the goods, etc.;
2. To enter names, addresses, telephone numbers, e-mail addresses (or mobile phone numbers), etc.;
3. To confirm the content related to the content of these Term and Conditions, the services for which the right to withdraw offers is restricted, payments of cost, including shipping fees, installation fees;
4. To apply for, confirm the purchase of the goods, etc., or consent to confirmation by the Company; and
5. To select a payment method and specify an agency for payment.
Article 11 (Formation of Agreement)
① The Company may not accept an application for purchase in Article 9 if it falls under each of the following items (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):
1. In the event that the registrations have false, omitted, or mistaken information;
2. In the event that a minor purchases goods or services prohibited under the Juvenile Protection Act, such as cigarettes, alcohols; or
3. In the event that the Company’s acceptance of a purchase order is found to seriously affect the Company’s technologies.
② An agreement shall be deemed formed at the time when acceptance by the Company arrives at a user in the notification form of receipt confirmation in Article 13 Section ①.
④ The Company’s manifestation of intent to accept shall include such information as the Company’s verification of a user’s purchase application and the possibility when the goods or services may be sold, the Company’s correction or cancellation of a purchase application.
Article 12 (Payment Method)
The payment methods for the goods or services purchased through the Services shall be as described in each of the following items. The Company shall not add to the amounts for services, etc. and request fees in whatever names according to the payment methods.
1. Various account transfers including phone banking, the Internet banking, mail banking;
2. Various payments by cards including prepaid cards, debit cards, credit cards;
3. Online no pass book deposits;
4. Payments by electronic currencies;
5. Payments upon receipt thereof;
6. Payments with points given by the Company, including mileages;
7. Payments with gift certificates for which the Company has entered an agreement, or with those found acceptable by the Company; and
8. Payments in any other electronic payment method.
Article 13 (Notification of Receipt Confirmation, Change or Cancellation of Application for Purchase)
① In the event that a user applies for purchase, the Company shall give the user a notification of receipt confirmation.
② In the event that there is a discrepancy of the manifestation of intent, etc., immediately after a user has received a notification of receipt confirmation, the user may request a change or cancellation of the purchase application. In the event that there is a request by a user before shipping of the goods, etc., the Company shall without delay handle the request; provided, however, that where the user has previously made payments, the rule for withdrawal of offer in Article 16 shall apply.
Article 14 (Provisions of Goods, etc.)
① The Company shall manufacture, pack, the ordered goods, etc. or take any other necessary measures to ensure that the goods, etc. can be shipped within seven (7) days from the date when a user has given his or her offer unless there is a separate agreement otherwise between the Company and the user as to the time for supply of the goods, etc. In this case, the Company shall take appropriate measures to ensure that the user can verify the supply procedures for the goods, etc. and the progresses.
② The Company shall specify the shipping means, payers of shipping costs by means, the shipping period by means, etc. with respect to the goods purchased by users. In the event that the Company has exceeded the agreed shipping period, it shall compensate for damages incurred to users as a result; provided, however, that it shall not be the case where the absence of willfulness or negligence of the Company is proven.
Article 15 (Refund)
In the event that the Company is unable to provide the goods, etc. requested by a user for purchase because the goods, etc. are sold out, it shall without delay notify the user of the reasons. In the event that the Company has received payments for the goods, etc., it shall refund the payments or take measures for refund within two (2) days from the date when it has previously received the payments.
Article 16 (Withdrawal of Offers, etc.)
① A user who has entered into an agreement for purchase of goods, etc. with the Company may withdraw his or her offer within seven (7) days from the date when it has received a notice of receipt confirmation.
② A user may not return or exchange the goods, etc. where the user has received the goods, etc. purchased through the Services but falls under each of the following items:
1. In the event that the goods, etc. has been lost or damaged because of the reasons attributable to the user (provided, however, that the user may withdraw his or her offer where the packing, etc. has been damaged to verify the content of the goods, etc.);
2. In the event that the value of the goods, etc. has seriously decreased because of the use or partial consumption by the user;
3. In the event that 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; or
4. In the event that where the goods, etc. may be duplicated with goods, etc. of the same functionality, the packing of the original goods, etc. has been damaged.
③ In case of Section ② No. 2 or Section ④, 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 provide sample goods, the user’s withdrawal of offer, etc. shall not be restricted.
④ Notwithstanding the provisions of Sections 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, a user may withdraw his or her offer within three (3) months from the date when the user has been provided with the goods, etc. or within thirty (30) days from the date when the user has known or should have known the fact.
Article 17 (Consequences of Withdrawal of Offer, etc.)
① In the event that a user has returned the goods, etc. to the Company, the Company shall refund the payments for the goods, etc. previously provided within three (3) business days. In this case, when the Company has delayed in 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 and publicly announced by the Korea Fair Trade Commission.
② In the event that a user has made payments for the goods, etc. by payment means of credit cards or electronic currencies, when the Company refunds the payments, it shall without delay request an enterpriser who has provided the payment means to suspend or cancel the request of payments for the goods, etc.
③ In case of withdrawal of offer, etc., costs required to return the goods, etc. provided shall be borne by users. The Company shall not request users of penalties for violations or compensation for damages because of their withdrawal of offer, etc.; provided, however, that where a user withdraws his or her offer as the content of the goods, etc. is different from the labeled or advertised content or has been performed differently from the agreements, costs required to return the goods, etc. shall be borne by the Company.
④ In the event that a user has paid shipping costs when the user has received the goods, etc., the Company shall clearly specify who should pay the costs in a way easily understandable by users at the time of the user’s withdrawal of offer.
Article 18 (Protection of Personal Information)
① The Company shall collect the minimum information required to perform a purchase agreement in collecting information of users. The following information shall be required items, and other information shall be selective items:
4. E-mail addresses
6. Mobile phone numbers
7. Telephone numbers
8. IP Addresses
9. Payment records.
② The Company must obtain consent of the users when collecting the personal information with which users can be personally identified.
③ The personal information provided by a user shall not be used for purposes other than the purpose of the provisions or provided to third parties without consent of the user; provided, however, that exceptions shall be made in the following events:
1. In the event that the Company notifies a shipping company of the minimum information of users (names, addresses, telephone numbers) required to ship the goods or services for shipping businesses;
2. In the event that the Company provides information in a way that specific individuals cannot be identified, as required to prepare statistics, do academic research works, or investigate markets;
3. In the event that it is necessary to make payments for transactions of goods, etc.;
4. In the event that it is necessary to identify oneself to prevent information from being misappropriated; or
5. In the event that there is an unavoidable reason required under the provisions of laws or the laws.
④ In the event that the Company is required to obtain consent from a user pursuant to Section ② or ③, it shall specify or notify in advance the matters set forth in Article 22 Section ② of the Act Relating to Information Communication Network Use Promotion and Information Protection, including the identity of personal information manager (name, telephone number, other contract information), the purpose of collecting or using information, matters related to provisions of information to third parties (persons provided with information, the purpose of provisions, the content of information to be provided), the consent to which may be withdrawn at any time by users. \
⑤ Users may at any time request reading or correction of their personal information that the Company has, as to which the Company shall have the obligation to take necessary measures without delay. In the event that a user has requested corrections of errors, the Company shall not use the personal information until it corrects the errors.
⑥ The Company shall keep the number of personal information manager to a minimum in order to protect personal information. The Company shall take all responsibilities for damages incurred to users as a result of users’ losing, being stolen of, disclosing, or altering their personal information including credit cards, bank accounts.
⑦ A third party that has received the Services or the personal information from the Services shall without delay destroy the personal information when the purpose of its collecting or being provided with the personal information has been fulfilled.
Article 19 (Duties of Company)
① The Company shall not engage in any activity that is prohibited under the laws or these Terms and Conditions or against the public orders and good morals, and shall use its best efforts to provide the goods or services continuously and securely as set forth under these Terms and Conditions.
② The Company shall have a security system for personal information protection for users (including credit information) to ensure that users can safely use the Services.
③ In the event that the Company has caused damages to users by its engaging in unreasonable labeling or advertising activities prescribed in Article 3 of the Fair Labeling and Advertisement Act with respect to its goods or services, it shall compensate for the damages.
④ The Company shall not send advertising e-mails for profitable purposes unwanted by users.
Article 20 (Duties of Members for IDs and Passwords)
① Members shall have the obligation to have third IDs and passwords under control except for the case of Article 18.
② Members shall not cause a third party to use their own IDs or passwords.
③ In the event that a Member has been aware that his or her ID or password has been stolen or is being used by a third party, the Member shall forthwith notify the Company thereof, and follow the directions of the Company, if any.
Article 21 (Duties of Users) Users shall not engage in the following activities:
1. To register false information at the time of applying for or changing the content of membership;
2. To misappropriate third parties’ information;
3. To change information posted in the Services;
4. To transmit or post information other than the information set forth by the Services (including computer software);
5. To infringe upon intellectual properties, including the Services, any other third party’s copyrights;
6. To undermine the reputation of or obstruct businesses of the Services or third parties; or
7. To disclose or post on the Services obscene or violent messages, videos, voices, and any other information that is against the public orders and good morals.
Article 22 (The Relationship between Connecting “Mall” and Connected “Mall”)
① In the event that the upper “Mall” and the lower “Mall” are connected by hyperlink, etc. (e.g., the subject for hyperlinks shall include letters, photos, or video pictures), the former shall be referred to as the connecting “Mall” (Website) whereas the latter shall be referred to as the connected “Mall” (Website).
② Where the fact that the Company shall not be responsible for providing guarantees for transactions made with users by the goods or services independently provided by the connecting “Mall” and the connected “Mall,” is specified on the start-up screen of the connecting “Mall” or the pop-up screen at the time of being connected, it shall not be responsible for providing guarantees for the transactions.
Article 23 (Reversion of Copyrights, Use Restrictions)
① The copyrights and other intellectual property rights to the works prepared by the Company shall revert to the Company.
② Without the prior permission of the Company, users shall not duplicate, transmit, publish, distribute, broadcast, use by other means for profitable purposes, or cause a third party to use any information acquired in using the Services..
③ In the event that the Company uses any copyright reverted to a user under these Terms and Conditions, it shall notify the user thereof.
Article 24 (Dispute Resolution)
① The Company shall establish and operate a damages compensation department to ensure that it reflects reasonable opinions or complaints raised by users and compensate for the damages.
② The Company shall first handle complaints or opinions given by a user; provided, however, that where it is difficult to handle them promptly, the Company shall forthwith notify the user of the reasons and action schedules.
③ In the event that a user files an application for remedy of damages with respect to electronic commercial transaction disputes incurred between the Company and the user, the Company may be subject to settlements rendered by the Korea Fair Trade Commission or a dispute settlement authority requested by governors of cities or provinces.
Article 25 (Jurisdiction and Governing Laws)
① Any lawsuit relating to electronic commercial transactions incurred between the Company and users shall be brought to a competent court of jurisdiction under the Civil Procedural Code.
② Any lawsuit for electronic commercial transactions brought between the Company and users shall be governed by the Korean laws.
These Terms and Conditions shall be applicable from [적용일자].