JEJEMEME Inc. Babyfolio Service Terms of Use
Chapter 1 General Rules
Article 1 (Purpose)
The purpose of these Terms of Use is to stipulate the conditions and procedures for the use of the Babyfolio service (hereinafter referred to as the "Service") provided by JEJEMEME Inc. (hereinafter referred to as the "Company"), the rights, obligations, and responsibilities of Users and the Company, and other necessary matters.
Article 2 (Definition of Terms)
The terms used in these Terms are defined as follows.
1.
Registration: The act of completing the Service Use Contract by filling in the relevant information on the application form provided by the Company and agreeing to the Company's Terms of Use.
2.
Service: refers to the organizing and sharing service of baby photos and videos provided by the Company to its Members, and all services related to the Babyfolio Service.
3.
User: refers to Members and Non-members who use the services provided by the Company in accordance with these Terms of Use.
4.
Member: refers to all Users who have signed up after agreeing to these Terms of Use to use the Service. It includes Paid Members, Family Members, and Administrator Members.
5.
Administrator Member : refers to a Member who can create a family album and authorize the affiliation of Family Members among the Members who have signed up for the Service. An Administrator Member can be an administrator of multiple families or can be a family Member of different families at the same time.
6.
Family Member: means a Member who is invited by an Administrator Member to belong to a specific family album as a family and use the service. A Family Member can be an Administrator Member of another family and can be a Family Member of multiple families at the same time.
7.
Paid Member: refers to a person who pays money to use paid functions provided by the company after registering as a Member.
8.
Non-member: A person who uses the service without registering as a Member.
9.
Cheese: refers to data in the system that is accumulated for Users who have completed certain actions prescribed by the company which is in form of reward points that can be used for in-kind exchange and purchase of paid functions on the service until it is expired. However, Cheese can also be purchased by the Member directly by paying money.
10.
Marketplace: A virtual business place set up by the Company to provide goods or services (hereinafter referred to as "Goods") to Users so that they can trade Goods, using information and communication facilities such as computers. It also means a business operator who operates a virtual business site.
11.
Seller: A person who has entered into a service contract with the Company for the purpose of selling goods through the brokerage of mail-order service provided by the Company in accordance with these Terms.
12.
Buyer: A person who purchases goods from a Seller registered on the Market.
13.
Content: All articles, photos, videos, various files, links (regardless of the form of information such as symbols, characters, sounds, etc.) posted or registered on the service by the company or Users when using the service, and any information posted or used within the service.
14.
Withdrawal: refers to the act of terminating the Service Use Contract by the Member.
15.
The terms used in these Terms of Use that are not defined in this Article shall be defined in relevant laws and regulations and service-specific policies, and those not defined herein shall be subject to general customs.
Article 3 (Effect and Change of Terms)
1.
The Company shall post the contents of these Terms of Use, its name and representative name, business address (including the address of the place where consumer complaints can be handled), telephone number, e-mail address, business license number, etc. on the Service screen so that Users can easily recognize them. However, the contents of the Terms of Use may be made available to Users through a connected screen.
2.
The Company may amend these Terms to the extent that it does not violate the relevant laws such as the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, the Basic Act on Electronic Documents and Electronic Transactions, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on Door-to-Door Sales, Consumer Protection Act, etc.
3.
If the Company revises the Terms, it shall specify the effective date and the reason for the revision and notify the current Terms together with the notice in the Service from 7 days prior to the effective date to the day before the effective date. However, if the Company changes the contents of the Terms to the disadvantage of Users, it shall notify them with a grace period of at least 30 days in advance. In this case, the Company shall clearly compare the contents before the revision and the contents after the revision and display them so that Users can easily understand them.
4.
In case the Company revises the Terms of Use, the revised Terms of Use shall only apply to contracts entered into after the effective date, and the provisions of the Terms of Use prior to the revision shall apply to contracts already entered into prior to the effective date.
Article 4 (Other Rules and Regulations)
1.
The Company may establish and notify individual terms and conditions to be applied to specific services if necessary, and in this case, such individual terms and conditions shall take precedence over these Terms.
2.
Matters not provided for in these Terms and the interpretation of these Terms shall comply with the Act on Consumer Protection in Electronic Commerce, the Act on Regulation of Terms of Use, the Consumer Protection Guidelines for Electronic Commerce, etc. set by the Korea Fair Trade Commission, and related laws and regulations or common practice.
Chapter 2 'Service' Use Contract
Article 5 (Membership)
1.
When a User who intends to join as a Member fills in the matters specified in the registration form prescribed by the Company and express his/her intention to agree to the matters requiring the Member's consent, such as these Terms of Use and the Privacy Policy and the Company accepts it, the Service Use Contract is concluded between the Member and the Company. If necessary, the Company may request identity verification through mobile phone number verification or identity verification agency or request information of Affiliated Service account such as Kakao, Google, Apple, Naver account.
2.
If the information provided at the time of registration is changed, the Member shall immediately update such information on the Service or notify the Company of the change by e-mail, customer center inquiry, etc.
3.
The Company shall not be liable for any disadvantages caused by Member’s failure to notify the Company of such changes specified in the preceding paragraph.
Article 6 (Restrictions on Registration, Withdrawal, and Disqualification)
1.
In order to use the Service, the applicant must accurately fill in the information requested by the Company, and the applicant shall be responsible for any disadvantages and legal liabilities caused by any falsehood, omission, or error in the information.
2.
Those under the age of 14 cannot become a Member.
3.
If the applicant has previously disqualified, if the applicant does not accurately fill in the information requested by the Company, such as using a false name or the name of another person, if it is confirmed that the application for registration is unjustified, such as for the purpose of profit for the applicant or others, if the applicant applies for the use of the service for the purpose of conduct prohibited by relevant laws and regulations or for the purpose of interfering with the well-being and order of society or public morals, or if there are other reasonable reasons for which approval is impossible, approval may be denied.
4.
The Company may reserve approval for technical or business reasons, such as the availability of related facilities, and will notify the applicant in this case.
5.
A Member may request withdrawal from the Service at any time, and the Company shall immediately process such withdrawal. However, if the Member has violated or is deemed to have violated the law, if there is a dispute at the Market or with other Users, or if there are other substantial reasons to restrict the termination of the Service Use Contract, the termination of the Service Use Contract may be restricted for a considerable period of time.
6.
If a Member withdraws from the service, data such as information and posts registered by the Member will be deleted immediately upon termination, except in cases where the Member's information must be retained for a certain period of time in accordance with relevant laws and regulations. However, data within the scope necessary for the normal use of the service by other Users and data that the Company is obligated to keep under the law shall not be deleted.
7.
If a Member falls under any of the following reasons, the Company may restrict, suspend, or disqualify membership of such Member.
a.
If a Member registers false information when applying for membership;
b.
If the Member is delinquent in payment of service fees or has a history of inappropriate service use;
c.
If the Member has threatened the order of the Service, such as interfering with the use of the Service by others or stealing their information;
d.
If you use the Service to engage in acts prohibited by laws or these Terms of Use or contrary to public order and morals;
e.
If abnormal traffic is recognized as caused by the Member;
f.
In case of infringement of intellectual property rights of the Company or third parties; and
g.
Other cases deemed inappropriate or in violation of the Company's operating policies.
8.
In the event of membership withdrawal or disqualification of membership pursuant to the preceding Paragraph 7, the remaining accumulated Cheese Points will be immediately canceled, and other personal information will be destroyed in accordance with the Company's privacy policy.
9.
The Company shall not be liable for any damage caused to the Member due to the preceding Paragraph 7.
10.
If a Member is not in use of the Service for a long period of time, all Contents of the Member will be destroyed and will not be restored.
a.
Applicable to: Members who have not logged in and accessed the Service for more than 180days
b.
Applied measures: Destruction of all contents and personal information stored in the Service
c.
Notification: Individually notified to the Member's email address or mobile phone number before deletion. The Company shall destroy such data after a total of 3 notifications. The company is not responsible for any damage caused by not entering or by entering incorrectly the email address or mobile phone number to receive such notifications. Destroyed content cannot be restored.
Article 7 (Membership Level)
1.
The Company distinguishes between paid and unpaid Members in providing the Service and provides paid features.
2.
In addition, even for unpaid Members, the Company may distinguish types and grades of Members according to the principles set by the Company, and may differentiate the use of the Service among Members by subdividing the types of services and benefits that can be used by each classification.
3.
Details such as the granted membership level and benefits for each level shall be announced on the service screen.
4.
The Company may adjust the membership grades by re-evaluating the grades in accordance with the Company's announced policy. Details such as the time, reason, and evaluation period of the membership grade adjustment will be announced on the service screen.
Article 8 (Establishment of Paid Service Use Contract)
1.
The Paid Service Use Contract shall be established by the Company's acceptance of the Paid Member's application to purchase the Paid Service.
2.
The Company shall post the intention of such acceptance on the service screen or notify by e-mail or other methods.
Article 9 (Paid Service Application)
1.
A person who wishes to become a paid Member shall fill in the necessary information according to the application form prescribed by the Company.
2.
If the applicant misuses other people's information, the applicant may be restricted from using the service or punished in accordance with relevant laws.
3.
The applicant must not provide false information when applying for purchase, and the Company is not responsible for any trouble arising from false information.
Article 10 (Acceptance and Restriction of Paid Service Application)
1.
The Company shall, in principle, approve the use of the Service in accordance with the order of receipt unless there is any substantial interference with the performance of business or technical problems for the Member who applies for purchase under the provisions of Article 9 (hereinafter referred to as the “Paid Service Applicant”).
2.
The Company may not approve or reserve approval in any of the following cases:
a.
The Paid Service Applicant provided false information (including information of others) or fails to submit information required by the Company;
b.
The Paid Service Applicant attempted to use the Service for fraudulent purposes, including violation of law or illegal activities;
c.
If the Paid Service Applicant's application violated the Company's policies;
d.
If the Paid Service Applicant intends to use the Service for a purpose different from the basic intent of the Service;
e.
If the Paid Service Applicant is delinquent in service usage fees or has a history of inappropriate service usage; or
f.
Any other cases in which it is deemed to be substantially inappropriate for the Company to accept the application.
Article 11 (Notification to Members)
1.
When the Company gives notifications to the Member, such notification may be made to the e-mail address designated by the Member in advance by Service Use Contract with the Company.
2.
In the case of notifications to an unspecified number of Members, the Company may substitute individual notifications by posting them on the Service for more than one week. However, individual notifications shall be made for matters that may have a significant impact on the individual Member's transactions.
3.
The Company may provide various information deemed necessary for the use of the Service to the Member by e-mail or push upon prior consent by Members, and the Member may refuse to receive such notification. Notwithstanding, essential notifications regarding payment information, policy changes, failures, and notices related to the use of the Service will be sent regardless of whether the Member refused to receive notifications.
Article 12 (Privacy)
1.
The Company values the privacy of Users of the Service.
2.
The Company may collect personal information of Users for the purpose of providing the Service, and in this case, the Company shall collect personal information within the minimum necessary scope.
3.
The Company has established the [Privacy Policy] to protect the personal information of Users, and endeavors to protect personal information in accordance with the [Privacy Policy] and related laws and regulations such as the Personal Information Protection Act. For details regarding the protection of personal information, you may refer to the [Privacy Policy].
Article 13 (Management of Member Information)
1.
The Member shall immediately update the changes to the latest information if the information provided at the time of registration for membership has changed.
2.
The Member shall be solely responsible for any damage and violations of the law caused by not reflecting the changed information correctly and in a timely manner, and the Company shall not be liable for any of such damages.
3.
The Member is solely responsible for the management of the Member’s account information, and the Member may not transfer or lend the Member’s account information to others or allow others to use the Service using the Member’s account. However, if the Company expressly permits the Service, the Member may use the Service with family Members or acquaintances by utilizing an invitation code, but even in this case, the Member is solely responsible for the management of the Member’s account information, and the rights of Users who use the Service with the Member through the invitation code may be partially restricted in accordance with the Company's policy.
4.
The Company shall not be liable for any loss or damage caused by the leakage, transfer, or rental of account information without the Company's fault.
5.
If the Member becomes aware that the Member's account has been misappropriated or is being used by a third party without authorization, the Member shall notify the Company without delay, and shall follow the Company's instructions, if any. If the Member fails to notify the Company without delay or fails to follow the Company's instructions even if notified, the Company shall not be liable for any loss or damage caused by the misappropriation or unauthorized use by a third party.
6.
The Member shall be responsible for all damages and losses incurred as a result of negligence to manage the Member ID and password.
Chapter 3 Use of the Service
Article 14 (Scope of the Service)
1.
The Company shall perform the following services collectively as the Service:
a.
Communication support service: An operational service to support communication between Users related to the content posted by Users;
b.
Secondary work content provision service: A service that synthesizes baby photos specified by Users and provides them as images, videos, or goods;
c.
Content Organizing Service: A service that organizes content posted by Members based on metadata;
d.
Brokerage of mail-order service: A service related to the brokerage of transactions between Sellers and Users, such as advertisement of goods or services provided by Sellers located in the service through a separate contract with the company and support for contract conclusion; and
e.
Other services provided by the Company for Users.
2.
The Company may further develop and provide services to Members in addition to the services in Paragraph 1 collectively as the Service.
3.
In order to provide the Member with certain features in the Service, including the cases in each of the following paragraphs, the Company may access the metadata of the Member's content with a mechanical algorithm or scan the Member's content for pattern recognition using a mechanical automatic technical method (human recognition, object recognition, text recognition, etc.).
a.
To provide Members with the features that categorize, extract, and make recommendations using the metadata and content patterns of the Member's content;
b.
To provide features that automatically/manually generate reproduced content using one or more of the Member's contents; and
c.
To provide features of classifying, searching, extracting, and recommending contents generated under Paragraph 2.
4.
In order to provide some of the functions in the preceding paragraph to the Member, the Company shall obtain the Member's individual consent at the time each function is provided or before it is provided.
Article 15 (Service Hours)
1.
The use of the Service shall be provided 24 hours a day, 7 days a week, 365 days a year, unless there are substantial interference with business or technical operation of the Company.
2.
Notwithstanding the preceding paragraph, the Company may suspend all or part of the Service in any of the following cases. In this case, the Company shall notify the reason and period of the suspension in advance on the Service screen or other media. However, if there are unavoidable circumstances that the Company cannot notify in advance, such suspension may be notified afterward.
a.
In the event that the suspension is necessary for system operation, such as regular system maintenance, server expansion and replacement, network instability, etc;
b.
In the event that normal service provision is not possible due to power outage, failure of service facilities, overload of service use, maintenance or inspection of facilities by telecommunications carriers, etc; and
c.
In the event of circumstances beyond the Company's control, such as wars, events, natural disasters, or equivalent national emergencies.
3.
The Company may set Serivce Hour separately for each service and may adjust it as necessary.
Article 16 (Rights and Responsibilities for Content Organizing Service)
1.
The rights to photos, videos, records, etc. (hereinafter referred to as photos, etc.) posted to use the content organization service belong to the User who posted them.
2.
The User is responsible for backup and storage of the photos and other media uploaded and the Company does not guarantee data backup or storage of the photos and other media or provide related services in any event.
Article 17 (Attribution of Content, Copyrights, etc.)
1.
All copyrights and other intellectual property rights to digital and physical products and assets created by the Company shall belong to the Company.
2.
Users may use various materials provided by the Company within the Service (all products and assets under copyrights and other intellectual property rights provided by the Company, such as templates, backgrounds, music, album or print layouts, advertising materials, etc (hereinafter “Assets”)) with extent needed by Users for use of the Service. However, the Company does not license or transfer any rights of such Assets to the User.
3.
The User shall not reproduce, transmit, publish, distribute, broadcast, or otherwise use for commercial purposes or have a third party use the information obtained through the use of the Service, of which intellectual property belongs to the Company, without the prior consent of the Company, and shall compensate the Company for all damages incurred to the Company in the event of violation.
4.
If the Company provides a service which allows Users to upload content through, the copyright of such content shall belong to the User who uploaded it.
5.
If it is necessary to expose the User's content within the Service, the Company may use it only to the minimum extent necessary for the improvement of the Service and in accordance with the restrictions of relevant laws and regulations such as the Copyright Act, and if the Company intends to use the User's content beyond such extent, the Company shall obtain the consent of the User upon explaining the purpose of use prior to the use.
6.
The User is solely responsible for any issues arising from the uploads made by the User on the Service. If the Company receives claims for damages or lawsuits from third parties due to such uploads, the User must indemnify the Company at the User’s own risk and expense.
7.
Even if there is no request from the right holder, the Company may delete or take temporary measures against the content without prior notice in the following cases:
a.
If it is deemed violation the law or connection to criminal activity;
b.
If there is reason to believe that it violates the rights of the Company or a third party; and
c.
If there is violation of the Company’s any policy
Article 18 (Storage and Utilization of Service Usage Data)
In order to provide better services to Members, the Company may collect and store data (search wors, locations, etc., hereinafter referred to as “Usage Data”) provided by Members in the process of using the Service and utilize such Usage Data for purposes of improving the quality and performance of the Service and advancing and optimizing the Service to Members.
Article 19 (Cheese Points)
1.
Members can earn points (hereinafter referred to as "Cheese Points") based on the frequency of accessing and using the Service, use of the Service, participation in various events, promotions, and purchase activities.
2.
Members shall not trade the accumulated Cheese Points with a third party for a fee or convert them into cash.
3.
Members may purchase Cheese Points by cash or other payment method within the Service.
4.
The minimum amount of Cheese Points that can be exchanged or redeemed, method and timing of use, and whether such Cheese Points can be redeemed in installments may vary depending on the Company's operating policy.
5.
If a Member has earned Cheese Points in a fraudulent manner not permitted by the Company, such as by changing a client, hacking, macros, etc., the Company may delete the earned Cheese Points without prior notice and may take necessary measures such as restricting membership or file a criminal prosecution against the Member in this regard.
6.
If a Member deletes the Service or withdraws from the service or otherwise loses membership, the Cheese Points will be automatically removed and cannot be transferred to others.
Article 20 (Change and Termination of Service)
1.
The Company may limit the use of the Service, add, or change the provision of the Service, or terminate the Service at any time for any reason due to the unavailability of goods or services, changes in technical specifications, or due to the circumstances of the Company. In this case, the Company shall notify such change with reasons and dates of the changes 7 days prior on the Service. However, if there are unavoidable circumstances that such change cannot be notified in advance, the Company may notify without delay after the change.
2.
The Company may suspend, change, or terminate all or part of its Service due to technical or business needs, and no compensation shall be paid to the Member for such change unless otherwise provided in the Terms of Use.
3.
Some parts of the Service may be restricted from the date of the notice of termination of the Service to the date of termination.
4.
Cheese Points that have been accumulated for free as of the date of the notice of termination of the Service must be used up as provided in these Terms by the date of termination of the Service, and after the date of termination of the Service, they will be automatically extinguished and the Member will not be able to claim any rights to the Cheese Points that have been accumulated for free.
5.
Upon termination of the Service, the Company will refund the unexpired portion of the paid purchase of Cheeses and paid subscription products, in accordance with the Company's operating policy.
Chapter 4 Liabilities and Responsibilities
Article 21 (Liabilities of the Company)
1.
The Company shall not violate any applicable laws or these Terms of Use and shall do its best to provide the Service continuously and stably.
2.
The Company shall have a security system to protect personal information so that Members can safely use the Service and shall disclose and comply with the Privacy Policy on the Service screen for Members to always view.
3.
The Company shall handle the opinions or complaints from the Members related to the use of the Service only if such opinions or complaints are deemed justified. The results of handling such opinions shall be notified to the Members through the customer center.
Article 22 (Liabilities of Users)
1.
Members shall not engage in the following acts in connection with the use of the Service:
a.
Failure to pay the price of goods purchased using the Service or other debts incurred by the Member in connection with the use of the Service by the due date;
b.
Misusing information of others;
c.
Acts that infringe or may infringe the intellectual property rights of the Company or a third party, such as copyrights, trademarks, etc;
d.
Acts that infringe or may infringe on the property, privacy, or publicity rights of the Company or a third party;
e.
Disassembling, altering, or imitating the Service through any kind of action;
f.
Infringing any rights, including intellectual property rights of the Company or other third parties;
g.
Collecting personal information of other Members or damaging their reputation;
h.
Sending advertisements or exposing obscene or violent information without the Company's consent;
i.
Stealing other people's personal information or mobile devices;
j.
Using the service or accessing the company's system in an abnormal way other than guided by the company;
k.
Using the Service in an abnormal manner, such as generating excessive traffic, multiple access, or change of IP address frequently within a short period of time;
l.
Disclosing the Album to an unspecified number of people beyond the original purpose of the Service or disclosing the Album in a place where an unspecified number of people have access to;
m.
Causing verload the Company's or a third party's servers, or interfering with the operation and network system of the Service, or acts that may result in the similar;
n.
Uploading pornographic material or illegally sharing music, videos, etc;
o.
Acts deemed to interfere with the Company's smooth provision of the Service;
p.
Act of using the Service for one's own or others' pursuit of profit;
q.
The act of falsifying personal information when a Member joins the service;
r.
The act of earning or using Cheeses in an unauthorized manner;
s.
Acts that threaten the order of electronic transactions, such as interfering with the use of the service by other Members;
t.
Act of impersonating the company, operator, employee, etc;
u.
Threatening the system, such as changing the company's client program or hacking the server without authorization;
v.
Acts that damage the company's honor or credibility or interfere with its business by spreading false facts, hierarchy or other methods;
w.
Defaulting on obligations under the Terms of Use; and
x.
Other acts that may violate laws, good customs, or other social acceptance or that may violate these Terms of Use and the Company's policies.
2.
The Company may take the following actions against a Member who violated the Member's obligations at the Company's discretion:
a.
Arbitrarily deleting related posts without prior notice;
b.
Recover part or all of the benefits provided by the Company, such as Cheese, etc.;
c.
Suspension of service use for a certain period of time;
d.
Claiming compensation for the full amount of damages borne by the Company; and
e.
Forcing withdrawal of membership;
3.
If the Company takes the measures set forth in the preceding paragraph, the Company shall notify the Member 7 days prior to the measures stating the reason, and the measures shall take effect after 7 days from notifying. However, in the unavoidable event, such as the loss of contact with the Member or the case of urgency, the Company may notify the Member after taking such measures.
4.
The User shall comply with the details and guided use of Service stipulated in these Terms of Use and any notices or precautions given by the Company.
5.
Users may not copy, reproduce, alter, publish, broadcast, or otherwise use or produce to others the information obtained by using the Company's Service without the prior consent of the Company.
Article 23 (Compensation for Damages)
1.
The Company shall compensate the Member for damages in accordance with these Terms of Use and relevant laws and regulations if the Member suffers damages due to the Company's intentionally committed criminal acts. Notwithstanding, the Company shall not be liable for the following damages that occurred without the Company's intentionally committed criminal acts. In addition, the Company shall not be liable for indirect damages, special damages, consequential damages, disciplinary damages, and punitive damages to the extent permitted by law.
a.
Damages caused by natural disasters or similar force majeure conditions;
b.
In the event of interruption in the use of the Service due to reasons attributable to the User;
c.
Personal damages incurred in the process of accessing or using the Service;
d.
In the event that the service cannot be provided due to unavoidable reasons due to the nature of telecommunication services, or that the service is temporarily suspended due to unavoidable reasons such as repair, replacement, regular inspection, and construction of related facilities;
e.
In the event that damage is caused due to the Member's negligence in providing personal information;
f.
In the event of a dispute between Members or between the Member and a third party through the Service;
g.
In the event of damages incurred to the Member as a result of the delay or non-performance of the Service due to the Member's device error, internet access failure, mobile device terminal and operating system error or limitation;
h.
Damages caused by excessive access and other unexpected factors, such as slowdowns or failures of the display;
i.
Damages caused by a third party illegally accessing the Company's server or using the server;
j.
Damage caused by a third party interfering with transmission to or from the Company's server;
k.
Damages caused by a third party transmitting or disseminating malicious programs;
l.
Damages caused by omissions, missing, destruction of transmitted data, etc. and damages caused by third parties such as defamation in the process of using the service;
m.
Damages resulting from the suspension of a Member's account or deletion of archived files as a result of a change in the Member's status, expiration of the Service Use Contract or non-payment of fees;
n.
Damage caused by services provided for free; and
o.
Damages caused by other intentional or non-negligent reasons of the Company.
2.
The company has no obligation to monitor or store users’ photos, etc.
3.
The Company shall not be obligated to intervene in any disputes between Users or between the Users and third parties through the Service unless there was intention or negligence on the part of the Company, and shall not be liable for any damages arising therefrom.
4.
The Company does not guarantee the Service and the information, data, reliability, accuracy, etc. of the Service and shall not be liable for any damages caused by the User.
5.
If the User violates the provisions of these Terms of Use or related laws and regulations and therewith causes damage to the Company, the Company may claim compensation for damages against the User. In this case, the User shall not be exempted from liability unless he/she proves that he/she was not intentionally negligent.
6.
The Company shall not be liable for the User's failure to obtain the expected profit from using the Service, nor shall the Company be liable for any other damage caused by the materials obtained through the Service.
7.
The User shall not engage in business activities to sell goods using the Service except when specifically permitted in an express written consent by the company, and in particular, the User may not engage in commercial activities through hacking, advertisements, pornographic sites, illegal distribution of commercial software, etc. The company is not responsible for the results and losses of business activities, legal actions by related organizations, etc as a result of violation of this paragraph.
8.
The Company may view, store, or disclose to third parties the contents such as photos posted by Members in the following cases:
a.
When necessary to identify and resolve the cause of technical defects of the Service;
b.
When the Company receives a formal inquiry from a public organization such as a court or police in accordance with the law;
c.
When acts that violate these Terms or are likely to violate these Terms have occurred and it becomes necessary to check the contents of photos, etc;
d.
When there is an imminent danger to the lives, bodies, and property of others and the need for emergency response arises; and
e.
In other cases where it is necessary for the proper operation of the Service.
Chapter 5 Marketplace Operations (Brokerage of Mail-Order) Services
Article 24 (Disclaimer of Agency and Warranty)
1.
The Company, as a mail-order intermediary, is not a first party to mail-order sales and is not responsible for the goods, transaction information, and transactions. The Company is only responsible for operating and managing the system for efficient service and does not represent the Buyer or Seller in connection with the transaction of goods or services, and the Member shall be directly responsible for the transactions established between the Members and the information provided and registered by the Member.
2.
The Company does not guarantee the existence and genuineness of the intention to sell or the intention to buy, the quality, completeness, stability, legality and non-infringement of the rights of others of the registered items, the truth or legality of the information provided by the Buyer or Seller and the materials disclosed on the external link through such information, and all risks and responsibilities related thereto shall be borne solely by the parties to such transactions.
Article 25 (Conclusion of Sales Contract and Payment)
1.
The contract of sale of goods is concluded when the Buyer expresses an intention to offer in response to the terms of sale of the goods presented by the Seller and the Seller expresses an intention to accept.
2.
The Company provides a method for the Buyer to pay the purchase price in cash, card, or other methods.
3.
The Buyer shall be solely responsible for the information provided by the Buyer in connection with the payment of the purchase price and any liabilities and disadvantages incurred in connection with such information.
4.
If the Buyer fails to pay the purchase price within a certain period of time after ordering the Goods, the Company may cancel the order without the Buyer's consent.
5.
The Company shall take measures to allow the Buyer to confirm the conclusion of the purchase and sale contract through My Shopping History and shall provide information on the method and procedure for canceling the purchase and sale contract.
6.
The Company may verify whether the Buyer has the right to use the payment method used to pay for the purchase price and may suspend the transaction until the verification is completed or cancel the transaction if it cannot be verified.
7.
The amount actually paid by the Buyer is the amount (actual purchase price) after the supply cost, basic usage fee, discount coupon applied to the product, shipping cost, option details of optional products, etc. set by the Seller, and the proof of purchase (cash receipt, tax invoice, credit card sales slip, etc.) issued to the Buyer is the actual purchase price.
Article 26 (Buyer's Obligations)
1.
Before purchasing the goods, the Buyer must accurately verify the details of the goods and the terms of the transaction written by the Seller in the Market. The Buyer shall bear all losses and damages caused by purchasing the Goods without confirming the details of the Goods to be purchased and the terms of the transaction.
2.
The information provided by the Buyer in connection with the payment of the purchase price and any liability and disadvantages incurred in connection with such information shall be borne solely by the Buyer.
3.
Disputes arising between the Seller and the Buyer, shipping companies, financial institutions, etc. regarding delivery shall be resolved between the parties in principle, and the Company shall not bear any responsibility.
4.
The Buyer shall endeavor in good faith to resolve any disputes with the Seller in the process of the sale of goods and shall bear all responsibility for any losses and damages incurred by the Seller and the Company due to reasons attributable to the Buyer, such as insincerity in the dispute resolution process.
Article 27 (Delivery)
1.
The Company shall immediately notify the Seller when the Buyer's payment is confirmed and instruct the Seller to take necessary measures for delivery within 3 business days from the date of such notification.
2.
If a reason for refunding the payment, such as defects in the goods, occurs after the Company's notification to the Seller, the Company shall not intervene. All disputes between the Seller and the Buyer arising after the confirmation of the purchase shall be resolved by the Seller and the Buyer as parties to the transaction.
3.
If any dispute arises between the Seller and the Buyer, shipping carrier, financial institution, etc. regarding delivery, it shall be resolved by the relevant parties. The Company shall not be involved in this and shall not bear any responsibility.
Article 28 (Purchase Cancellation)
1.
The Member may cancel the purchase when the payment is completed, and if the goods are being prepared, it will be processed by the return procedure rather than cancellation.
2.
When the Company receives an expression of intent to cancel the purchase from the Buyer, the Company shall immediately notify the Seller of such fact.
3.
If a confirmed transaction is canceled and the payment is refunded, the Company shall take necessary measures to refund the payment to the Buyer within 3 business days from the date the transaction is canceled.
4.
In accordance with the 「Act on Consumer Protection in Electronic Commerce, etc.」, the Buyer may request a return or exchange within 7 days from the date of delivery of the Goods, and the relevant laws and regulations, including the 「Act on Consumer Protection in Electronic Commerce, etc.」, shall take precedence over the terms and conditions provided by the Seller. However, in accordance with Article 17 (2) (6) of the Electronic Commerce Act and Article 21 of the Enforcement Decree of the same Act, if the goods produced individually by the consumer's order or similar goods cannot be resold and damage is caused to the Seller in the event of purchase cancellation, the Seller shall notify the customer in advance and make an exception.
5.
In principle, if the Buyer cancels a purchase, the cancellation process shall be completed immediately, but if the goods have already been shipped, the round-trip shipping cost of the shipped goods shall be borne by the Buyer unless the reason for the cancellation of the purchase is due to a reason attributable to the Seller.
Article 29 (Returns)
1.
The Member may apply for a return in accordance with the relevant laws and regulations from the time the Seller ships the goods to the Member until 7 days after the date of completion of delivery.
2.
For general matters concerning returns, the relevant laws and regulations such as the 『Act on Consumer Protection in Electronic Commerce, etc.』 shall take precedence over the terms and conditions provided by the Seller. However, in accordance with Article 17, Paragraph 2, Item 6 of the Electronic Commerce Act and Article 21 of the Enforcement Decree of the same Act, if the goods produced individually by the consumer's order or similar goods cannot be resold and returning them would cause damage to the Seller, the Seller shall notify the customer in advance and make an exception.
3.
The cost of returning the goods shall be generally attributed to the person who is at fault for the return (e.g., simple change of mind: Buyer bears the cost, letting the goods go: Seller bears the cost, etc.)
4.
Failure to include the return invoice number when applying for a return or failure to accurately notify the Seller (orally or in writing) of the reason for the return may delay the processing of the return and refund.
5.
Refunds for returns will be issued within 3-5 business days for cash payments after the returned item is received by the Seller and the reason for the return and the return shipping cost is confirmed.
6.
If the Buyer is responsible for return shipping costs, additional payment for return shipping costs may be delayed.
Article 30 (Exchange)
1.
The Member may apply for an exchange in accordance with the relevant laws and regulations within 7 days after the date of completion of delivery from the time the Seller ships the goods. However, if the goods cannot be resold, such as goods produced individually by the consumer's order or similar goods, in accordance with Article 17 (2) (6) of the Electronic Commerce Act and Article 21 of the Enforcement Decree of the same Act, and damage to the Seller is caused by the exchange, the Seller shall be notified of the transaction separately in advance and exception shall be made.
2.
Even if an exchange request is made, if the Seller does not have the item to be exchanged in stock, the exchange is not possible, in which case the exchange request will be treated as a return.
3.
The cost of exchange shall be borne by the Seller in the case of defective goods, but the Buyer shall bear the round-trip shipping cost if the Seller is not responsible for the defect, such as the Buyer's change of mind.
Article 31 (Indemnification of the Company)
Transactions such as delivery, withdrawal, and return of goods arising in connection with the sale of goods shall be conducted between the Seller and the Buyer, who are the parties to the transaction, and the Company shall not be involved in the transaction.
Article 32 (Direct Sales of Goods by the Company)
The Company may, in some cases, sell directly purchased goods to the Buyer. If the Company sells directly to the Buyer the goods purchased by the Company through the Market, the Company shall have the status of a Seller in relation to the sale of such goods and shall bear the obligations of a Seller under the relevant laws and regulations such as the Act on Consumer Protection in Electronic Commerce, etc. and these Terms of Use toward the Buyer. However, if the Company intermediates a transaction between a Seller and a Buyer other than the Company through the Market, the Company shall only bear the obligations of a mail-order intermediary in accordance with applicable laws and these Terms of Use.
Chapter 6 Miscellaneous
Article 33 (Governing Law and Jurisdiction)
1.
These Terms of Use shall be governed and implemented by the laws of the Republic of Korea.
2.
The Company will consult in good faith to resolve any dispute with the User, but if the dispute is nevertheless not resolved, the lawsuit shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the User's address at the time of filing, and if there is no address, the district court having jurisdiction over the residence. However, if the address or residence of the User is not clear at the time of filing or if the User is a foreign resident, the lawsuit shall be filed in a court of competent jurisdiction under the Civil Procedure Act.
3.
Korean law shall apply to e-commerce lawsuits filed between the Company and the User.
Addendum
1. These Terms are effective as of April 06, 2024.
2. The previous Terms are replaced by these Terms.