Article 1 (Purpose)
This Agreement
aims at stipulating rights, obligations and responsibilities of the Cyber Mall
(hereinafter referred to as the "Mall") and the User in respect of
the use of internet-related services provided by the Mall (hereinafter referred
to as the "Service") in the operation of KStarLive Inc. (e-commerce
business).
「In addition, this Agreement shall
be applied to the e-commerce using PC communication, mobile, et cetera, unless
it is not against the its nature.」
Article 2 (Definition)
①
"Mall" means the virtual business place on which the Company set for
transacting goods and services by using information and communication
facilities such as computer so that it may provide goods and services
(hereinafter referred to as “Goods and Services” to the User. The term is also used as a business operating a cyber
mall.
②
"User" means a member or a non-member who uses Service provided by
the “Mall” in accordance with
this Agreement through the access to the "Mall".
③ “Member” means a person who subscribed the membership by providing his or
her personal information to the "Mall", for which the member may be
informed of the "Mall" on a continuous basis and use the Service
offered by the “Mall”.
④ “Non-Member” means a person who use the Service offered by the “Mall” not subscribing to the membership.
Article 3 (Display, Explanation & Modification of User
Agreement)
① The
"Mall" shall, for easier recognition by Users, display the contents
of this Agreement, name of company and president, business address (including
the address where customer complaints may be treated), telephone number, fax
number, email address, business registration number, mail-order business
registration number, staff in charge of privacy management, et cetera on the
initial service page of the cyber mall. Notwithstanding the foregoing, the
contents of this Agreement may be exposed to Users through a link page.
② The "Mall” shall obtain the confirmation of a User for important matters such
as cancellation of purchase, delivery obligation, refund terms, et cetera
through a separate link page or pop-up window before the User agrees on this
Agreement so that the User may understand such important matters.
③ The "Mall"
may modify this Agreement within the extent that it does not violate applicable
laws, e.g. the Law related to Protection of Consumer on E-commerce, Et Cetera,
the Law related to Limitation of Agreement, Basic Law of Electronic
Transaction, Electronic Signature Law, the Law related to Stimulation of Use of Information and
Communication Network & Information Protection, the Law
related to Call Sales, Et Cetera, the Consumer Protection Law, et cetera.
④ In the event
of any modification of this Agreement, the announcement stipulating the date of
application and the cause of modification shall be displayed on the initial
page from 7 days prior to the date of application to the previous day of the
same date. Notwithstanding the foregoing, in the event that such modification
becomes disadvantageous Users, such modification shall be announced at least 30
days prior to the date of application. The announcement shall include a table
specifying the modification on a before-and-after basis for easier
understanding of Users.
⑤ In the event
of any modification of this Agreement, the modified Agreement shall be applied
only to the contracts to be concluded after the date of application, whereas
the provisions of this Agreement prior to the modification shall be applied to
the contracts which have been previously concluded prior to the same date.
Notwithstanding the foregoing, in the event that a User who already entered
into the Contract sends his or her intent to be applied by the provisions of
the modified Agreement to the “Mall” within the period of announcement for the modification of this
Agreement in accordance with Clause ③ and acquires the
approval of the "Mall", the provisions of the modified Agreement
shall be applied accordingly.
⑥ The matters
not stipulated herein and the interpretation of this Agreement shall be in
accordance with the Law related to Protection of Consumer on E-commerce, Et
Cetera, the Law related to Limitation of Agreement, the Consumer Protection
Policy on E-commerce, Et Cetera stipulated by the Fair Trade Commission, and
other applicable laws and commercial practices.
Article 4
(Provision & Replacement of Service)
① The
"Mall" shall perform the following duties:
1. Provision of information
regarding product or service and conclusion of purchase contracts
2. Delivery of product or service
on purchase contract
3. Other duties designated by the
"Mall"
② The “Mall” may replace product or service
provided by the contract to be concluded in the event that product or service
is sold out or technical specifications are changed. In this case, the “Mall” shall immediately announce the
replacement of the product or service and the date of application on the page
where the present product or service is displayed.
③ In the event
that product or service on the contract with a User needs to be replaced
because the product or service is sold out or technical specifications are
changed, The “Mall” shall
immediately notify the cause to the address of the User.
④ In the event
of the occurrence of the previous clause, the “Mall” shall compensate the User for damages. Notwithstanding the
foregoing, this shall not apply if the “Mall” proves that such event is not caused by its intention or
negligence.
Article 5
(Suspension of Service)
① The “Mall” may temporarily suspend the provision
of Service in the event of any repair, inspection, replacement, breakdown of
information and communication equipment such as computers, or interruption of
communication.
② The “Mall” shall compensate User or 3rd
party for damages caused by the temporary suspension of provision of Service
due to the cause(s) in Clause ①. Notwithstanding the
foregoing, this shall not apply if the “Mall” proves that such event is not caused by its intention or
negligence.
③ In the event
of any unavailability of provision of Service due to the conversion of business
item, abandon of business, integration between businesses, et cetera, the “Mall” shall notify the fact to Users in the
manner stipulated in Article 8, and compensate consumers in accordance with the
conditions which are initially suggested by the “Mall”. Notwithstanding the foregoing, in the event that the “Mall” has not notified the criteria for
compensation, the “Mall” shall
pay Users for their mileage or reserve in kind or cash of which value corresponds
to the currency being used at the “Mall”.
Article
6 (Membership)
① The User shall
apply for the membership by expressing his or her intent to agree on this
Agreement after filling out the form designated by the “Mall” with the member information.
② The “Mall” shall register the User who applied
for the membership in the manner stipulated in Clause ①
as a Member provided that the User is not engaged in one of the following
items. In the event that:
1. the applicant ever lost its
membership in the past in accordance with Clause 3 of Article 7 of this
Agreement. Notwithstanding the foregoing, this shall not apply to those
acquired the approval of the “Mall” for re-subscription of the membership since 3 years has passed from
the date of loss of membership in accordance with Clause 3 of Article 7 of this
Agreement;
2. there is
false information or omission in the registered contents; or
3. the “Mall” deems that the applicant may cause significant inconvenience to be
registered as a Member.
③ The Membership
shall be effective at the time that the Member receives the approval of the “Mall”.
④ The Member
shall notify any change of its information to the “Mall” in accordance with Clause 1 of Article 15 through email or other
communication method.
Article 7
(Withdrawal from Membership & Loss of Eligibility)
① The Member may
at any time request for the withdrawal from its membership to the “Mall”, and the “Mall” shall proceed with the withdrawal on the request of the Member.
② In the event
that a Member is engaged in one of the following items, the “Mall” may limit or suspend the eligibility
of the Member. In the event that the Member:
1. registered
false information at the time of the application for membership;
2. has not paid
the price of goods it purchased through the “Mall” or other liability borne by the Member in respect of the use of the
“Mall”;
3. interrupts
others to use the “Mall” or
threats the order of e-commerce, e.g. illegal of personal information; or
4. takes any
action being against the laws, this Agreement and good public order and
customers by using the “Mall”.
③ The “Mall” may cancel the membership of the
Member whose membership was suspended or limited, and repeated the same action
twice or more, or the cause is not corrected within 30 days.
④ In the event
of the cancellation of membership, the “Mall” shall notify it to the Member, and give the Member 30 days or more
to grant an opportunity to explain the cause prior to the cancellation.
Article 8
(Notification to Members)
① In the event
of any notification of the “Mall” to a Member, it may be delivered via an email address designated by
the Member through the agreement with the “Mall”.
② The “Mall”, in the event of the notification to
unspecified Members, may replace individual notification by displaying such
notification on the board linked in the website of the “Mall” for 1 week or more. Notwithstanding
the foregoing, the “Mall” shall
give individual notice to a Member in respect of any matter which may have a
significant influence on the Member regarding his or her transaction.
Article 9
(Request for Purchase)
The User shall
apply for purchase in accordance with the following manner or other similar
manner at the “Mall”, and the “Mall” shall provide the User with the
following information in the form which the User may easily understand in his
or her request for purchase. Notwithstanding the foregoing, the Member may be
exempted from the application of Item 2 or Item 4 below.
1. Search and
selection of goods, et cetera;
2. Entering name,
address, telephone number, email address (or mobile phone number);
3. Confirmation
of matter(s) in respect of the contents of this Agreement, the service(s) of
which right of cancellation of purchase is limited, obligation of delivery fees
and installation fees, et cetera;
4. Expression to
agree on this Agreement, or confirm or refuse the Item 3 above (e.g. mouse
click);
5. Application
for purchase of goods and confirmation of such application, or agreement on the
confirmation of the “Mall”; or
6. Selection of
payment method.
Article 10
(Conclusion of Contract)
① The “Mall” may not accept the request for
purchase in Article 9 if it falls one of the following items.. Notwithstanding
the foregoing, in the event of the conclusion of contract with a minor, the “Mall” shall notify that the failure to
acquire the agreement of the legal representative may cause the cancellation of
the contract by the minor him(her)self or the legal representative. In the
event that:
1. there is
false information or omission in the registered contents;
2. the minor
purchase any product or service restricted in the Youth Protection Law, e.g.
cigarette or liquor;
3. the “Mall” deems that the applicant may cause significant inconvenience to
accept the application for purchase; or
② The contract
is deemed to be concluded when the acceptance of the “Mall” is delivered to the User in the form of the confirmation of receipt
stipulated in Clause 1 of Article 12.
③ The acceptance
of the “Mall” shall include the
information such as confirmation of the application for purchase of the User,
availability of sales, and correction or cancellation of the application for
purchase.
Article 11
(Payment Method)
The method of
payment for a product or service purchased through the “Mall” may be selected among the following items. Notwithstanding the
foregoing, the “Mall” may not
collect any additional fees on the amount of the product or service.
1. Account
transfer, e.g. phone banking, internet banking, mail banking, et cetera;
2. card payment,
e.g. prepaid card, debit card, credit card, et cetera;
3. Online
non-bankbook deposit;
4. Electronic
money;
5.
Pay-on-receipt;
6. Point offered
by the “Mall”, e.g. mileage;
7. Gift voucher
contracted or approved by the “Mall”; or
8. Other payment
by electronic means.
Article 12 (SARANG Points)
Definition: For purposes of this Agreement, SARANG refers to a general purpose mileage point system that is implemented on KShopLive's platform. SARANG is intended to be used for transactions within the ecosystem consisting of but not limited to participation in crowdfunding events, purchase of idol goods, and merchandise.
① No refunds; Cash refunds will not be provided for the digital product SARANG
② In the event that you have participated and utilized SARANG towards an unsuccessful crowdfunding project, your SARANG will be returned back into your account's balance.
Article 13 (Notice of Receipt, Change and Cancellation of Application for Purchase)
① In the event
of an application for purchase of a User, the “Mall” shall notify the User with the receipt of the application.
② In the event
that there is any discordance between expressions of intent, the User who
received the notice of receipt may change or cancel the application for
purchase immediately after the User receives the notice, and in the event of
any request of a User prior to the delivery, the “Mall” shall deal with the request without any delay. Notwithstanding the
foregoing, in the event that the payment has been already made, it shall be in
accordance with the stipulation related to the cancellation of purchase in Article
15.
Article 14 (Provision of Goods)
① Unless
otherwise stipulated herein in respect of the schedule for the provision of
goods, the “Mall” shall take
necessary measures to deliver the goods within 7 days from the date of purchase
by a User such as customized production or packaging. Notwithstanding the
foregoing, in the event that the “Mall” has received the whole or the part of the payment for the goods,
such measures shall be taken within 2 business days from the date of receipt of
the payment. At that time, the “Mall” shall take necessary measures to make the User check the procedures
of provision of the goods and delivery process.
② The “Mall” shall specify, for the goods purchased
by a User, the delivery method, payer of delivery fees by method, period of
delivery by method, et cetera. In the event that the “Mall” exceeds the designated period of delivery, it shall compensate for
damages to the User. Notwithstanding the foregoing, this shall not apply if the
“Mall” proves that such event
is not caused by its intention or negligence.
Article 15 (Refund)
In the event
that the product or service which a User applied for purchase may not be
provided or delivered due to sold-out or other cause, the “Mall” shall notify the situation to the User without any delay, and in
the event that it has received the payment for the product or service in
advance, it shall refund the payment or take necessary measures within 2
business days from the date of receipt of the payment.
Article 16 (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 from the date on which the User received the
notice of receipt.
② The User may
not return or change the good which he or she received through delivery in the
event of one of the following items. In the event that:
1. the goods
delivered is lost or damaged with the responsibility of the User
(Notwithstanding the foregoing, the cancellation of purchase may be acceptable
in the event of the damage on packaging for checking the contents in the box.);
2. the value of
the goods is significantly decreased due to the use or consumption by the User;
3. the value of
the goods is significantly decreased thus not available for re-sale due to the
lapse of time;
4. the packaging
is damaged, if the goods may be reproduced to the goods showing the same
performance;
③ The
cancellation of purchase by User shall not be limited if, in the case of Item 2
or Item 4 of Clause 2, the “Mall” did not specify the fact that the cancellation of purchase is
limited for easier recognition by consumer or not take necessary measures, e.g.
provision of a sample.
④
Notwithstanding Clause 1 and Clause 2, the User may cancel his or her purchase
of goods within 3 months from the date of receipt of the goods or within 30
days from the date on which he or she recognized or could recognize that the
contents of goods differ from the advertisement or the provision of contract.
Article 17 (Effect of Cancellation of Purchase)
① In the event
of the return of goods from a User, the “Mall” shall refund the payment for the goods within 3 business days from
the date on which it had received the payment. In the event that the “Mall” caused a delay of the refund to the
User, it shall pay interest calculated with overdue interest rate announced by
the Fair Trade Commission for the number of days of delay.
② Regarding the
above-mentioned refund and in the event that the User made a payment for the
goods with credit card or electronic money, the “Mall” shall request the business who provided such payment method to
suspend or cancel the payment without any delay.
③ In the event
of any cancellation of purchase, the User shall bear the cost for return of the
goods provided. The “Mall”
shall not claim for cancellation charge or compensation for damages to the User
in respect of the cancellation of purchase. Notwithstanding the foregoing, in
the event of the cancellation of purchase caused by that the contents of goods
differ from the advertisement or the provision of contract, the “Mall” shall bear the cost for return of the
goods.
④ In the event
that User bore the delivery fees when he or she received the goods, the “Mall” shall specify who would bear the cost
for the cancellation of purchase for easier recognition of the User.
Article 18 (Protection of Personal Information)
① The “Mall” collects minimum information necessary
for the execution of the purchase contract with Users. The following items
shall be necessary information and others are optional.
1. Name;
2. National ID
Number (not for Members) or foreigner registration number;
3. Address;
4. Telephone
number;
5. ID (for
Members);
6. Password (for
Members); or
7. Email address
(or mobile phone number).
② In the event
that the “Mall” collects
personal information available for identification of User, it must obtain the
approval of the User.
③ The personal
information may not be used for any purpose and provided to any 3rd
party without the approval of the User, and the “Mall” shall be responsible for the matter. Notwithstanding the foregoing,
it shall not apply to the following items. In the event that:
1. the “Mall” informs the delivery service provider with minimum information of
User for performing delivery duty (e.g. name, address, telephone number);
2. such personal
information is necessary for statistics, academic research or market research,
and provided in the form that a certain individual may not be identified;
3. such personal
information is necessary for the settlement of payment for transacting
products, et cetera;
4. such personal
information is necessary for the identification against illegal use; or
5. there is
inevitable cause by regulation or law.
④ In the event
that the “Mall” is required to
acquire the approval of User by Clause 2 and 3, it shall specify or notify the
provision stipulated in Clause of Article 22 of the Law related to Stimulation of Use of Information and
Communication Network & Information Protection, e.g. identity of the personal
information manager (post, name, telephone number, other contact), purpose of
collection and use of information, matters related to the provision of
information to 3rd party (recipient, purpose of provision and
information to be provided), et cetera.
⑤ Users may at
any time request for the confirmation and correction of error on their personal
information possessed by the “Mall”, the “Mall” shall
be responsible for taking any necessary measures without any delay. In the
event that a User requests for the correction of an error, the “Mall” shall not use the applicable personal
information until it corrects the error.
⑥ The “Mall” shall limit the number of managers for
protecting personal information, and be responsible for any damages of User
caused by loss, disclosure or falsification or personal information of the User
including credit card and bank account.
⑦ The “Mall” or any 3rd party who
received personal information from the “Mall” , shall without any delay destroy personal information after it
achieves its purpose of collection of the personal information.
Article 19 (Obligations of “Mall”)
① The “Mall” shall not take any action restricted
by the law and this Agreement or being against the good public order and
customs, and put its best efforts to provide products and services on a stable
basis in accordance with the provisions in this Agreement.
② The “Mall” shall equip the security system for
the protection of personal information of Users (including credit information)
so that the Users may safely use online services.
③ The “Mall” shall be responsible for the
compensation to User(s) if it has caused damages to the User(s) by displaying
or adding unjust or unreasonable advertisement for a certain product or service
in accordance with Article 3 of the Law related to Fairness of Display and
Advertisement.
④ The “Mall” shall not send any profit-making
emails which are not wanted by Users.
Article 20 (Obligations for ID & Password of Member)
① Each Member
shall be responsible for the management of his or her ID and password, except
the case in Article 17.
② Each Member
shall not allow any 3rd party to use his or her ID and password.
③ In the event
that a Member recognizes that his or her ID and/or password is stolen or used
by a 3rd party, the Member shall immediately notify the fact to the “Mall”, and follow the instruction of the “Mall”, if required.
Article 21 (Obligations of User)
Users shall not:
1. register
false information at the time of its application or change of information;
2. steal others’ personal information;
3. change of
information displayed on the “Mall”;
4. remit or
display any information other than the information selected by the “Mall” (computer program, et cetera);
5. infringe the
copyright or the intellectual property right of the “Mall” or a 3rd party;
6. take any
action to bring disgrace on or interrupt the operation of the “Mall” or a 3rd party; or
7. disclose or
display any information containing indecent or violent message, video, voice,
and other information being against the good public order and customs.
Article 22 (Relationship between Liking Mall & Linked Mall)
① In the event
that the main mall and the sub-mall are linked with the hyperlink (e.g. the
subject of hyperlink includes text, image and video), the former is called as
the Linking Mall (Website) and the latter is called as the Linked Mall
(Website).
② The Liking
Mall shall not be responsible for any transaction with the User for any product
or service independently provided by the Linked Mall if the Liking Mall specify
its intent of such non-guarantee on the initial page at the website of the
Liking Mall or pop-up window.
Article 23 (Copyright & Limitation of Use)
① The copyright
and other intellectual property right for the works produced by the “Mall” shall be belonged to the “Mall”.
② The User may
not use or cause any 3rd party to use the information of which
intellectual property right is belonged to the “Mall” among those acquired in the course of the use of the “Mall” for the reproduction, transmission,
publishing, distribution, broadcasting or other profit-making use without the
prior consent of the “Mall”.
③ The “Mall” shall notify the User when using the
copyright belonged to the applicable User in accordance with mutual agreement.
Article 24 (Resolution of Dispute)
① The “Mall” shall reflect the reasonable opinion
or complaint made by User(s), and install and operate an organization for
dealing with compensation for damages.
② The “Mall” shall give priority to any opinion or
complaint made by User(s). Notwithstanding the foregoing, in the event that it
may not promptly deal with the matter, the “Mall” shall notify the User with the cause and the schedule to make the
treatment done.
③ In the event
that there is any application for remedy by a User regarding the dispute raised
between the “Mall” and the
User, the matter may be treated in accordance with the settlement of the Fair
Trade Commission or the arbitration commissioned by the Mayor or the
jurisdiction.
Article 25 (Jurisdiction & Governing Law)
① Any and all
e-commerce-related lawsuits raised between the “Mall” and a User shall be in accordance with the address of the User at
that time of the suing, and in the event of there is no address, such lawsuit
shall be exclusively controlled by the competent court of jurisdiction.
Notwithstanding the foregoing, in the event that the address or residence of
the User at that time of the suing is not clear or in the event of the
foreigner, the lawsuit shall be filed to the competent court on the Civil
Procedures Code.
② Any and all
e-commerce-related lawsuits raised between the “Mall” and a User shall be governed by the law of the Republic of Korea.
** Supplementary
Provision (Effective Date)
This Agreement
shall be effective from November 01, 2016.