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Terms and Conditions

Article 1 (Purpose)
These Terms & Conditions seek to set forth the rights, obligations, and other matters between the cyber mall and member when using the Internet-related services (hereinafter referred to as “Service”) provided by the OO cyber mall (hereinafter referred to as “Mall”) operated by company OO (e-commerce provider).
※ These Terms & Conditions shall also apply to e-commerce using PC communication, wireless, etc. unless they run counter to the nature of e-commerce.

Article 2 (Definitions)
① “Mall” refers to a virtual place of business created by using computer and other information technology facilities to provide the user with goods or services (hereinafter referred to as “Goods”) for trade; it also refers to the business that operates the cyber mall.
② “User” refers to a member or a non-member accessing the “Mall” and using the service provided by the “Mall” in accordance with these Terms.
③ “Member” refers to any person who is registered with the “Mall” as a member and is entitled to use continuously the Services provided by the “Mall”.
④ “Non-member” refers to any person who is not registered with the “Mall” but uses the Services provided by the “Mall”.

Article 3 (Statement, Explanation, and Amendments of Terms and Conditions)
① The “Mall” shall, for easier recognition by Users, display the contents of these Terms & Conditions, name of company and representative, address of the business place (including the address of the location where customer complaints are accepted), telephone number, facsimile transmission number, e-mail address, business registration number, e-commerce permit number, staff responsible for personal information management, etc. on the initial service page (front page) of the cyber mall OO.  However, the details of these Terms & Conditions may be made available to the User through a link.
② Prior to the User’s agreement to these Terms, the “Mall” shall obtain the User’s confirmation of material terms, including those related to cancellation of purchase, liability for shipping, refunds, etc., by providing separate links or pop-up window before the User agrees to these Terms & Conditions for better understanding.
③ The “Mall” may amend these Terms & Conditions to the extent that the amended Terms do not violate the [Act on Consumer Protection in Electronic Commerce, etc.], [Act on the Regulation of Terms and Conditions], [Framework Act on Electronic Transactions], [Digital Signature Act], [Act on the Promotion of Information and Communications Network Utilization, etc.], [Act on Door-to-Door Sales, etc.], [Framework Act on Consumers], and other applicable laws and regulations.
④ In case the “Mall” amends these Terms & Conditions, the applicable date and reason for amendment shall be specified and announced on the initial screen of the “Mall” together with the current terms from 7 days before the application date to the day before the effective date. If these Terms & Conditions are changed in a way that is disadvantageous to the Users, such shall be notified with a grace period of at least 30 days.  In this case, the “Mall” shall compare the content before and after the revision and display it clearly for the Users’ convenience.
⑤ In case of amendments of these Terms & Conditions, such are applied only to contracts signed after the effective date; for contracts signed already before the amendment, the existing Terms & Conditions are applied.  When the User who already concluded a sales contract wishes to have the amended Terms & Conditions applied by signifying his/her preference to the “Mall” and gets permission within the notice period according to Clause 3, however, the amended provisions of these Terms & Conditions shall apply.
⑥ Matters other than those contained herein or interpretation thereof shall be determined in accordance with the [Act on Consumer Protection in Electronic Commerce Transactions, etc.], [Regulation of Standardized Contracts Act], [Guide to Consumer Protection in Electronic Commerce Transactions, etc.] set by the Fair Trade Commission and other applicable laws and regulations or generally accepted principles of commercial customs and practices.

Article 4 (Provision of Service and Change Therein)
① The “Mall” shall provide the following Services:
  1. To provide information on Goods or Services and execute a purchase agreement;
  2. To deliver Goods or Services under a purchase agreement; or
  3. To provide such other Services as determined by the “Mall”
② The “Mall” may change any Goods or Services to be provided under an agreement to be executed if such Goods or Services are sold out or affected by any change in technical specifications or otherwise.   In such case, the “Mall” shall immediately notify the details of such change and the proposed date of provision on the same place where the details of the existing Goods or Services are posted.
③ If the “Mall” changes any Service to be provided under an agreement with the User due to certain causes, including absence of stock and change in technical specifications of the Goods, the “Mall” shall immediately notify the User of such cause at a reachable address.
④ If such change is made in accordance with the paragraph above, the “Mall” shall indemnify the User for any damage caused thereto,  unless the “Mall” proves the absence of intention or negligence on its part.

Article 5 (Suspension of Service)
① The “Mall” may temporarily suspend the provision of Services upon occurrence of certain events, including maintenance check, replacement or failure of information technology facilities such as computer or interruption of communication.
② The “Mall” shall indemnify the User or a third party for any damage suffered due to the temporary suspension of provision of Services as provided in accordance with Paragraph 1 of this Article,  unless the “Mall” proves the absence of intention or negligence on its part.
③ If the “Mall” cannot provide Services due to change of business mode, abandonment of business, or consolidation of businesses or other causes, the “Mall” shall inform the User as provided in accordance with Article 8 and compensate the User in accordance with the terms initially offered by the “Mall”;  upon failing to notify the compensation terms, however, the “Mall” shall pay the User mileage points or savings, etc. in cash or kind equal to the value of currency used at the “Mall”.

Article 6 (Membership Registration)
① The User may apply by entering his/her information in the form prepared by The “Mall” and consenting to these Terms & Conditions.
② The “Mall” shall register the User filing the application in accordance with Paragraph 1 of this Article as Member unless:
  1. the User has been previously disqualified as Member under Article 7.3 hereof, except when the “Mall” accepts the re-subscription upon the lapse of three (3) years after the disqualification as Member under Article 7.3 hereof;
  2. there is falsity, omission, or clerical error in the registered information;
  3. the registration as Member is otherwise deemed to impair the technology of the “Mall” significantly; or
③ The subscription for membership shall be made when the Mall’s acceptance is delivered to the User.
④ If there are any changes in the registered information, Members shall notify the “Mall” of such changes using member information edit and other methods within a significant period of time.

Article 7 (Membership Withdrawal and Disqualification)
① The Member may, at any time, apply for withdrawal from the membership program; upon receipt of such application, the “Mall” shall immediately take actions necessary for the withdrawal.
② The “Mall” shall be entitled to limit the Members’ use of certain Services or disqualify the Member if he/she falls under any of the following:
  1. has registered false information upon application for subscription;
  2. has failed to pay, when due, the payment for Goods purchased through the “Mall” or other obligations assumed in connection with the use of the “Mall”;
  3. interferes with the use of the “Mall” by a third party or appropriates its information, or otherwise threatens electronic commerce transactions;
  4. uses the “Mall” to engage in any act prohibited by the law or these Terms or in violation of good public order and morals;
③ The “Mall” shall be entitled to disqualify the Member if any of the acts has recurred two times or more or such act failed to be corrected within thirty (30) days of the limitation or suspension of qualification.
④ When disqualifying a Member, the “Mall” shall cancel the registration of the Member.  In such case, the Member shall be given a notice of cancellation and an opportunity to vindicate himself/herself for a period of at least thirty (30) days prior to the cancellation.

Article 8 (Notice to Member)
① Any notice given by the “Mall” to the Member may be delivered by e-mail, if agreed to by the Member, using the e-mail address previously designated by the “Mall”.
② Any notice given by the “Mall” to many and unspecified Members may not be separately delivered but may be replaced by a notice posted on the “Mall” board for one (1) week or more;  however, any notice that may have material impact on a particular Member’s transaction shall be separately given.

Article 9 (Application of Purchase)
① A User shall file an application for purchase in the following or similar manner at the “Mall”, and the “Mall” shall provide the following in an easy-to-understand manner to help the User file the application:
  1. search and selection of Goods;
  2. entry of full name, address, telephone number, e-mail address (or mobile phone number), etc.;
  3. confirmation of the Terms & Conditions hereof and terms related to any Services subject to the limited right to withdraw from the subscription and responsibility for costs, including shipping and installation costs;
  4. expression of agreement (by, for example, clicking the given box) to these Terms or confirmation or refusal of the terms described in Paragraph 3 of this Article;
  5. filing of an application for the purchase of Goods or confirmation thereof, or agreement to confirmation by the “Mall”
  6. selection of payment method
② In case the “Mall” needs to provide the purchaser’s personal information to a third party, the “Mall” shall obtain consent from the purchaser; the comprehensive consent will not be obtained in advance when the member is signing up for membership. At this time, the “Mall” must specify to the purchaser the items of personal information to be provided, the recipient, the purpose of using the personal information, and the retention and use period. If there is any other stipulation in related laws, such as the case of commissioning of personal information processing pursuant to Paragraph 1, Article 25 of the [Act on Information and Communication Network Utilization and Information Protection], however, the relevant stipulation shall be followed accordingly.

Article 10 (Formation of Agreement)
① The “Mall” may not accept an application for purchase filed in accordance with Article 9 if it falls under any of the cases below;  however, the “Mall” shall notify that any agreement executed with a minor without consent from its legal representative may be canceled by the minor and its legal representative.
  1. If there is any falsity, omission, or clerical error in the application;
  2. If the minor purchases cigarette, liquor, or other Goods or Services prohibited by the Juvenile Protection Act;
  3. If the acceptance of the application is deemed to impair the technology of the “Mall” significantly;
② The agreement shall be deemed to be formed duly when the Mall's acceptance is delivered to the User in the form of notice, return receipt requested, in accordance with Article 12.1 hereof.
③ The Mall's expression of acceptance shall include the confirmation of the User’s application for purchase, availability of Goods or Service to be purchased, information on the correction or cancellation of the application, etc.

Article 11 (Payment Method)
The payment for the purchase of Goods or Service on the “Mall” can be made in any of the available methods listed below.  However, the “Mall” cannot accept any payments where there are additional fees to be charged for the use of payment method.
1. Various account transfers such as phone banking, Internet banking, and e-banking
2. Card payments such as prepaid card, debit card, credit card, etc.
3. Online deposit
4. Payments by electronic currencies
5. Payments upon receipt
6. Payments by points provided by the “Mall”, such as mileage
7. Payments by vouchers for which the “Mall" has contracts or which are recognized by the "Mall"
8. Other electronic payment means, etc.

Article 12 (Return Receipt Requested Notice; Modification of Cancellation of Application for Purchase)
① Upon receipt of an application for purchase from the User, the “Mall” shall give the User a return receipt requested notice.
② Upon receipt of a return receipt requested notice, the User may immediately request modification or cancellation of the application if there is any discrepancy of communications, and the “Mall” shall handle the request without delay if the request is made prior to the delivery.  If payments are already made, however, the procedures shall abide by the regulations in Article 15 Cancellation of Purchase.

Article 13 (Supply of Goods)
① Unless stipulated otherwise with the User herein with respect to the schedule for the supply of Goods, the “Mall” shall take the necessary measures to deliver the Goods within 7 days of the date of purchase such as customizing process, packaging, etc.  Notwithstanding the foregoing, if the “Mall” has received full or partial payment for the Goods, measures shall be taken within three (3) business days of the date of receipt of payment.    At this time, the “Mall” shall take the necessary measures to allow the User to check the supply procedure and progress of the goods.
② The “Mall” shall specify, for the goods purchased by a User, the delivery method, payer of delivery fees by method, delivery time by method, etc.  Upon exceeding the designated period of delivery, the “Mall” shall compensate the User for damages,  unless the “Mall” proves the absence of intention or negligence on its part.

Article 14 (Refund)
The “Mall” shall, without delay, inform the User of the unavailability of Goods that the User applied for purchase due to absence of stock or other causes and take actions for refund of payment within three (3) business days of the date of receipt of payment if payments are already made.

Article 15 (Cancellation of Purchase)
① The User who concluded the contract for the purchase of Goods with the “Mall” may cancel the purchase within 7 days of the date of receiving the document regarding the contract pursuant to Paragraph 2, Article 13 of the [Consumer Protection Act in Electronic Commerce, etc.]  (If the supply of goods, etc. is later than the reception of the document above, it refers to the date the goods were supplied or the supply of goods began). If there is a different stipulation in the [Act on Consumer Protection in Electronic Commerce, etc.] regarding cancellation of purchase, however, the provisions of the same law shall be followed.
② The User may not return or exchange Goods that he or she received through delivery in any of the following cases:
  1. If the Goods delivered are lost or damaged due to the customer’s mishandling (If there is damage to the Goods while verifying the content through the packaging; excluded if only the packing is damaged for verification purposes)
  2. If the value of the Goods has significantly decreased due to the use or partial consumption by the User
  3. If the value of the Goods has significantly decreased to the extent that resale is difficult due to a significant passage of time
  4. In the case of Goods that may be reproduced into Goods showing the same performance, the original packaging of the goods has been damaged
③ The cancellation of purchase by the User shall not be limited if, in the case of Item 2 or Item 4 of Clause 2, the “Mall” neither specified the fact that the cancellation of purchase is limited for easier recognition by the consumer nor took the necessary measures, such as supplying of a sample.
④ Notwithstanding Clause 1 and Clause 2, the User may cancel his or her purchase of Goods within 3 months of the date of receipt of the Goods or within 30 days of the date he or she recognized—or could recognize—that the contents of the Goods differ from the display or advertisement or the provision of contract.

Article 16 (Effect of Cancellation of Purchase)
① The “Mall” shall refund the payment of paid Goods within three (3) business days when the User has returned the Goods.  If the “Mall” intentionally delays the refund of the User’s Goods, the “Mall” shall pay the delay charge calculated by multiplying the delay interest rate (parentheses removed) prescribed in Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc. by the delayed period.
② The “Mall” shall request, without delay, the cancellation or suspension of payment to the business providing the purchasing methods when purchase of Goods has been made by credit card or other payment means such as electronic currency to refund the User’s payment.
③ For cancellation of purchase, the burden of fee for returning the delivered Goods falls upon the User. ③  The “Mall” shall not claim compensation from the User for damages or penalties for reasons such as canceling purchase ; if the content of the Goods differs from the displays/advertisements of the contracted content, thereby leading to cancellation of purchase, however, the return fee for the Goods shall be paid by the “Mall”.
④ If the User has paid the delivery fee for the Goods when receiving the Goods, the “Mall” shall precisely notify who shall shoulder the fees when cancellation of purchase occurs for the User's easy and clear understanding.

Article 17 (Protection of Privacy)
① When collecting information from the User, the “Mall” shall do so to the least extent as required for providing service.
② The “Mall” shall not collect in advance the information necessary for the performance of the purchase contract during member signup. However, this is not the case when personal identification is required prior to the purchase contract in order to fulfill obligations under related laws and when collecting the minimum specific personal information.
③ When collecting and using a User’s personal information, the “Mall” must obtain consent from the User after notifying the User of the purpose.
④ The “Mall” cannot use the collected personal information for purposes other than the specified purpose; if a new purpose of use occurs, or if it is provided to a third party, the "Mall" shall notify the User of the purpose and obtain consent at the stage of use and provision. However, exceptions are made in cases wherein the relevant laws and regulations stipulate otherwise.
⑤ If the “Mall” is required to obtain the User’s consent in accordance with Article 2 and Article 3, the “Mall” shall specify or inform the User in advance of the identity of the staff responsible for personal information management (department, name, telephone number, and other contact information), purposes of collection and use, matters related to the provision of information to a third party (recipients, purpose of provision, information to be provided, etc.), and other matters required to be informed under Article 22(2) of the [Act on Promotion, etc. of Utilization of Information System, etc.], and the User may withdraw such consent at any time.
⑥ The User may at any time require the “Mall” to make the User’s personal information in the Mall’s possession accessible or correctable, and the “Mall” shall take the necessary actions without delay. If the User requests correction of an error, the “Mall” does not use the personal information until the error is corrected.
⑦ In order to protect personal information, the “Mall” shall minimize the number of officers handling the personal information of the User and shall assume sole responsibility for any damage suffered by the User due to loss, robbery, leak, provision to a third party without consent, etc. of the personal information, including credit card and bank account.
⑧ The “Mall” or any third party receiving the personal information from the “Mall”, shall, without delay, destroy the personal information once the purposes of collection or provision of the personal information are achieved.
⑨ The “Mall” shall not set the consent column for the collection, use, and provision of personal information as previously selected. In addition, services that are restricted when the User refuses to consent to the collection, use, and provision of personal information shall be specified in detail, and service provision such as membership signup shall not be limited or refused on the grounds of the User’s refusal to consent to the collection, use, and provision of optional personal information.

Article 18 (Obligations of the “Mall”)
① The “Mall” shall not engage in any act prohibited by the law or these Terms or in violation of good public order and morals but shall make its best efforts to provide Goods and Services in a continuous, stable manner as provided by these Terms.
② The “Mall” shall have a security system in place to protect the personal information, including credit information, so that the User can use the Internet service in a safe manner.
③ The “Mall” shall be responsible for compensating Users if it has caused damage to the Users by displaying or adding unjust or unreasonable advertisement for a certain product or Service in accordance with Article 3 of the「Act on Fair Indication and Advertisement」.
④ The “Mall” shall not send any profit-making advertising e-mails against the User’s will.

Article 19 (Obligations for ID & Password of Members)
① The Member shall be responsible for the management of ID and password other than what is set forth in Article 17.
② The Member shall not permit a third party to use his or her ID and password.
③ The Member shall immediately inform the “Mall” of theft, use of his or her ID by a third party, or password divulgence and follow the Mall's instructions, if any.

Article 20 (Obligations of Users)
Users shall not:
1. register false information upon application or change;
2. appropriate another person’s information;
3. change the information posted on the “Mall”;
4. communicate or post any information, including computer programs, other than what is determined by the “Mall”;
5. infringe upon the copyright or other intellectual property rights of the “Mall" or a third party;
6. take any action to bring disgrace to or interrupt the operation of the “Mall” or a third party; or
7. disclose or post immoral or violent messages, images, sounds or other information on the “Mall” in violation of good public order and morals.

Article 21 (Relationship of Linking “Mall” and Linked “Mall”)
① If an upper-level “Mall” is connected to a lower-level “Mall” through a hyper link (including, for example, letters, pictures, moving images), the former is referred to as Linking “Mall” (Website), and the latter is referred to as Linked “Mall” (Website).
② If a Linking “Mall” declares on its initial screen or on a pop-up screen upon linking that it does not provide a guarantee for any transactions with the User in relation to those Goods independently provided by a Linked “Mall”, the Linking “Mall” shall assume no guarantee liability for such transactions.

Article 22 (Ownership and Usage Limitation of Copyrights)
① Copyrights and other intellectual property rights to any works produced by the “Mall” shall be retained by the “Mall”.
② The User shall not, without the Mall's prior consent, use—or cause a third party to use—for profit-making purposes the information obtained from the use of the “Mall” the copyright to which is retained by the “Mall” through reproduction, communication, publication, distribution, broadcasting, or other means.
③ The “Mall” shall inform the User of the use of copyrights agreed to be retained by the User.

Article 23 (Dispute Resolution)
① The “Mall” shall install and operate a damage relief center to reflect properly the legitimate comments or complaints filed by the User and compensate for the resulting damage.
② The “Mall” shall preferentially handle complaints or comments filed by the User;  if prompt handling is difficult, however, the “Mall” shall immediately inform the User of the reasons for the delay and the schedule for handling.
③ If the User files a petition for damage relief in relation to electronic commerce transactions between the “Mall” and the User, the petition may be subject to mediation by a dispute mediator designated by the Fair Trade Commission or the competent City or Do Governor.

Article 24 (Jurisdiction and Governing Law)
① Any action in relation to a dispute arising from electronic commerce transactions between the “Mall” and the User shall be referred to the district court having exclusive jurisdiction over the address—or if such address is not available—the place of residence of the User at the time of filing the action;  if the User’s address or place of residence is unknown, or the User resides overseas, however, the action shall be referred to the competent court under the Civil Procedure Act.
② Any action filed in relation to electronic commerce transactions between the “Mall” and the User shall be governed by the laws of Korea.

Addenda (Enforcement Date) These Terms & Conditions shall be effective as of . Addenda (Enforcement Date) These Terms & Conditions shall be effective as of .



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