Registration
TERMS OF USE
TERMSOF USE (“AGREEMENT”)
Article1 (Purpose)
Standard Terms of Use No. 10023.
This Agreementpurports to prescribe the rights and obligations of the cyber malland the users in using the Internet related services (hereinafterreferred to as “Service”) provided by PyunKangCyber Mall (hereinafter referred to as the “Mall”) operated byPyunKang Co. Ltd. (ElectronicCommerce Operator).
* Electronic commerce through PCcommunication, etc. shall be bound by this Agreement to the extentthat it is within the general parameters of the electronic commerce.
Article2 (Definitions)
“Mall” refers to the virtual store established by PyunKang Co. Ltd. to conduct commercial activities of transacting goods and services, using information communication equipment such as computers, for purposes of providing users with goods and services; and also refers to the operator that runs the cyber mall;
“User” refers to a member or non-member that connects to the “Mall” and receives Services provided by the Mall in accordance with this Agreement;
“Member” refers to a person who provides his or her personal information to the Mall and registers as a member; receives information of the Mall continuously; and can continuously use the Service provided by the Mall; and
“Non-member” refers to a person who uses the Service provided by the Mall without registering as a Member.
Article3 (Indication of Terms, explanation and modification)
“Mall” shall post on the initial service screen (front page), in a manner conspicuous to the user, the content of this Agreement, name of the company, name of the representative of the company, business address (including the address to handle customer complaints), telephone number/fax number/email address, business registration number, online sales business report number, and person in charge of managing personal information. Provided that, the content of this Agreement may be presented by a link that connects to the page containing the content of this Agreement.
“Mall” shall obtain a user’s confirmation of comprehension on important matters of this Agreement, such as the cancellation of Agreement, responsibility of delivery, refund requirements, etc., through a separate page or a pop-up page, before the user consents to this Agreement.
“Mall” may modify this Agreement, to the extent that the modification does not violate relevant laws, including the Act on the Consumer Protection in the Electronic Commerce Transactions, Etc., Regulation of Standardized Contracts Act, Framework Act on Electronic Documents and Transactions, Digital Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Door-to-Door Sales, Etc. Act, and the Framework Act on Consumers.
When the “Mall” modifies this Agreement, the modified agreement shall be posted with the original agreement, along with the effective date and the reasons for the modification, on the front page of the Mall, from seven days prior to the effective date to the last date before the effective date. Provided that, if the Agreement is modified to the users’ disadvantage, then the posting period shall be at least 30 days. In this case, the Mall shall clearly indicate the contents before and after the modification, so that the users will readily compare the differences.
When the “Mall” modifies this Agreement, the modified agreement shall be effective only for those contracts entered after the effective date, and the contracts entered prior to the modification shall still be governed by the agreement before the modification. Provided that, if a user that had already concluded a contract communicates to the Mall within the posting period of the modified agreement under Article 3 that he or she wishes to be governed by the provisions of the modified agreement, and obtains the consent of the Mall, the provisions of the modified agreement shall apply.
Matters not prescribed in this Agreement and the interpretation thereof shall follow the relevant laws on consumer protection in the electronic commerce, laws regarding the limitations on terms of use agreements, consumer protection guideline in the electronic commerce as prescribed by the Fair Trade Commission and related laws; or relevant commercial practices.
Article4 (Provision and Modification of Service)
The Mall shall perform the following tasks:
Provision of information on goods and services and conclusion of purchase contracts
Delivery of the goods and services on the purchase contract
Other tasks designated by the Mall
The Mall may change the content of the goods or services provided under the contract to be entered if the goods or services are sold out, or the technical specifications are altered, etc. In this case, the changed content of the goods or services and the supply date shall be immediately posted in the same place where the content of the present goods or services has been posted.
In cases where the services to be provided by the Mall to the user under a contract are changed because the goods are sold out or the technical specification has changed, the details of the reason shall be immediately notified to the user at the address available for such notifications.
In cases where the previous numbered item occur, the Mall shall compensate for the loss sustained by the user, unless the Mall proves that the Mall acted without intention or negligence.
Article5 (Termination of Service)
Mall may suspend providing the Service if any repair, inspection, replacement or breakdown of information communication equipment such as computer, outreach of communications, or other reasons, occur.
Mall shall compensate for the damages sustained by a user or third-party due to the temporary suspension of the Service under the reasons described in paragraph 1.
In cases where the provision of Service has become impossible due to the change of business items, abandonment of business, or mergers between companies, the Mall shall notify the users in accordance with the manner prescribed by Article 8, and compensate the consumers, in accordance with the conditions notified initially by the Mall. Provided that, where the Mall has not noticed the criteria for compensation, the Mall shall compensate users for their mileage or accumulated value, with in-kind or cash, equivalent to the cash value as transacted in the Mall.
Article6 (Membership Enrollment)
A user may request for the membership enrollment by entering member information in accordance with the enrollment form set by the Mall and indicate his or her intention to consent to this Agreement.
Mall shall register a user who applies for the membership under paragraph 1, unless he or she falls under the following:
In cases where the enrollment applicant has before been disqualified under Article 7, paragraph 3 of this Agreement. Provided that, an exception shall be granted in cases where three years have passed since the disqualification of the membership under Article 7, paragraph 3, and the re-enrollment to the Mall membership has been approved;
In cases where the registration entry contains fraudulent information, omission or misstatement;
Other cases where it is deemed that the enrollment to the membership might cause a significant technical hardship to the Mall.
The membership enrollment agreement shall be effective at the time when the approval of the Mall has been communicated to the member.
When there is any change to the registration entry under Article 15, paragraph 1, the member shall immediately notify the Mall, using email or other means, of details of the changed items.
Article7 (Cancellation of Membership and Eligibility, etc.)
A member may request to withdraw from the Mall membership any time, and the Mall shall process the withdrawal of the membership without delay.
The Mall may limit or suspend a membership if a member falls under any of the following categories:
When a member has entered a fraudulent information in the enrollment application form;
When a member has not paid on time any payment for the goods purchased while using the Mall, or any other financial obligation assumed by the member in connection with the use of the Mall;
When a member interferes with the use of the Mall by other people or jeopardize the order of the electronic commerce through, for example, abusing the information.
In using the Mall, when a member commits an act that is prohibited by laws or by this Agreement, or runs counter to the public order and good morals.
After the Mall has limited or suspended the membership privileges, if the same act is repeated more than twice, or if the reason for the act is not corrected within 30 days; the Mall may disqualify the membership.
When the Mall disqualifies a member, the membership registration is purged. In these cases, the member is notified of the same and is given an opportunity to explain himself or herself within a designated period of time, not less than 30 days, before the membership registration is purged.
Article8 (Notification to Members)
The Mall, when notifying a member, may do so through an email address already indicated in the agreement between the member and the Mall.
When notifying to the members in general, the Mall May post the notice on the bulletin board of the Mall, for a period not less than a week, in lieu of individual notices. Provided that, any item that affects the transaction with the member himself or herself must be notified individually.
Article9 (Request for Purchase)
Auser of the Mall shall place a purchase order in a following or anysimilar manner, and the Mall shall notify the following items foreasy comprehension, with regard to the user’s purchase order.Provided thatitems number b. and d. shall not apply to the members.
Searching and selecting goods
Entering name, address, telephone number, email address (or mobile phone number), etc.
Confirming details regarding the content of the terms of use, services with limited cancellation rights, additional charges such as shipping or installation fees.
An indication of consenting to or declining the terms of use and the content of the above item c.
Consent to the purchase order of goods or the confirmation thereof, or the confirmation of the same by the Mall.
Selection of the payment method
Article10 (Consummation of Contract)
With regard to the purchase order under Article 9, the Mall may reserve its approval under the following circumstances. Provided that, in case of entering into a contract with a minor, the Mall shall post a disclaimer that if the consent of the legal representative is not obtained, the minor himself or herself or the legal representative may cancel the contract.
Where there is any fraudulent entry, omission or misrepresentation in the request;
When a minor purchases goods or services prohibited by the Juvenile Protection Act, such as tobacco or alcoholic beverages; or
Other purchases that, if approved, is likely to cause significant technical difficulties to the Mall.
The contract is deemed completed at the time the acceptance of the Mall has reached the user in the form of delivery confirmation in accordance with Article 12, paragraph 1.
The acceptance of the Mall shall include the confirmation on the user’s purchase request, feasibility of the sale, and details on the modification and cancellation of the purchase request.
Article11 (Payment Methods). The payment methods for the goods and servicespurchased at the Mall include the following. Provided that, the Mallshall not impose on the payment method any items of fees added to theprice of goods.
Various account transfers including phone banking, internet banking or mail banking;
Payment through various cards including prepaid card, debit card, or credit card;
Online deposit without a bank book;
Payment through electronic currency;
Payment on delivery;
Payment through points provided by the Mall, such as the mileage;
Payment through a gift certificate under contract with the Mall or acknowledged by the Mall; and
Other payment methods using electronic payment, etc.
Article12 (Notification of Receipt, Change or Cancellation of Request forPurchase)
When a user makes a purchase request, the Mall shall give the notice of receipt confirmation to the user
The user, upon receipt of the notice of receipt confirmation, may modify or cancel the purchase request if there is any discrepancy in the expressed intentions; and the Mall shall comply with the request, if the user makes the request before the shipping of goods. Provided that, if the payment has been already made, the rule on the cancellation of order under Article 15 shall be followed.
Article13 (Delivery of Goods)
In the absence of separate agreement with the user on the timing of delivering the goods, the Mall shall take necessary measures, such as manufacturing to order and packaging, to make the delivery of goods within 7 days of the user’s order. Provided that, if the Mall has received a partial or total payment for the goods, it shall take such measures within 2 business days of the date it received the partial or total payment. In this case, the Mall shall take measures to enable the user to track the progress of delivery of the goods, etc.
The mall shall expressly indicate the delivery method, who bears the delivery fee on each method, and delivery time on each method, etc. If the delivery takes longer than the agreed-upon delivery time, the Mall shall compensate for the loss suffered by the user because of the delay. Provided that, this shall not apply if the Mall proves that there is no fault, intentional or negligent, on its part.
Article14 (Refunds)
Ifthe Mall cannot deliver or provide the goods that a user hasrequested for purchase, because there are sold out, etc., the Mallshall notify the user of the reasons; and, if it had received thepayment for the goods previously, it shall refund the payment, ortake measures necessary for the refund, within 2 business days ofsuch payment.
Article15 (Cancellation of Contract, etc.)
A user that made a contract for purchase of goods, etc. with the Mall may cancel the contract within 7 days after receiving the confirmation of receipt.
A user who received the delivery of goods, etc., may return or exchange the goods if any of the following criteria is applicable:
Goods, etc. has been lost or damaged by the fault of the user (provided that, when the damage is on the packaging, incurred in the course of confirming the content, i.e., the goods, etc.; the cancellation of the contract shall still be allowed);
Value of the goods, etc., has significantly decreased by the usage or partial consumption by the user;
The value of the goods, etc., has significantly decreased by the passage of time to a point where the resale of the goods has become difficult; or
Where a copy is possible to produce goods with same performance, the packaging of the original goods, etc., has been damaged.
In cases of paragraph 2, item b. through d., if the Mall has not indicate that the cancellation of the contract may be limited, or if it has not taken measures to offer sample goods, the user shall not be limited in canceling the contract.
Notwithstanding the provisions of paragraph 1 and 2, if the goods, etc., are different from the labeling or advertisement, or has been performed differently from the content of the contract; the user may cancel the contract within 3 days of the delivery of goods, etc., or within 30 days from the date that the user learned or could have learned of such difference.
Article16 (Effect of Cancellation of Contract, etc.)
The Mall, when received the returned goods, etc., from the user, shall refund any payment already received for the goods within 3 business days. In this case, if the Mall delays the refund for the goods, it shall pay the delay interest, calculated from the delay period multiplied by the delay interest rate noticed by the Fair Trade Commission.
In refunding the payment as above, if the user has paid for the goods through payment methods such as credit cards or electronic currency, the Mall shall immediately cause the operator that provided said payment method to stop or cancel the demand for payment for the goods, etc.
In the case of canceling the contract, the cost necessary for returning the supplied goods, etc., shall be borne by the user. The Mall shall not demand any cancellation charge or cancellation damage to the user for the reason of the cancellation of contract. Provided that, if the goods, etc., are different from the labeling or advertisement, or has been performed differently from the content of the contract, the Mall shall bear the cost necessary for returning the supplied goods, etc.
When a user has paid for the shipping of the goods, etc., the Mall shall clearly indicate, for easy comprehension of the user, who is responsible for the cost associated with the cancellation of contract.
Article17 (Protection of Personal Information)
The Mall, when collecting the user information, shall collect the minimum information necessary for the performance of purchase contract. The following items are necessary items, and any others are optional items:
Name
Address
Telephone number
Desired ID (in case of a member)
Password (in case of a member)
Email address (or mobile phone number)
When collecting any personal information that makes possible individual identification of the user, the Mall must receive the consent of the affected user.
The personal information that has been supplied shall not be used for any other purpose or be offered to any third party without the consent of the user, and the Mall shall be held responsible in this regard. Provided that, the following shall be the exceptions:
Supplying to the delivery company, in the course of delivery process, the minimum user information (name, address, telephone number) necessary for the delivery;
Supplying the data in the form that does not make the individual identification possible, for the compilation of statistics, academic research or market research;
When it is necessary for the payment settlement for the goods after the transaction;
When the identification is necessary to prevent fraud; and
When an inevitable cause exists due to any regulations or statutes.
When the Mall has to receive the consent of the user in accordance with the paragraphs 2 and 3, the Mall must indicate or notice the items prescribed by Article 22, paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., such as the identity of the personal information manager (department, name and telephone number, and other contact information), purpose of the collection and use of the information, and information on any transfer of information to a third party (transferee, purpose of the transfer, and content of the information to be transferred).
A user may at any time demand the inspection and correction of any error regarding his personal information retained by the Mall, and the Mall shall be obligated to take such necessary measure without delay. When a user demands the correction of any error, the Mall must not use the relevant personal information until the error has been corrected.
The Mall shall limit, and minimize the number of, managers in charge of the protection of personal information; and shall be responsible for any damage sustained by the user through the loss, theft, leakage and falsification of the user’s personal information, such as credit card and bank account information.
The Mall, or any third party that received the person information therefrom, shall destroy the relevant personal information once the purpose for the collection or the provision of the personal information has been fulfilled.
Article18 (Obligation of the Mall)
The Mall shall not commit any acts that are prohibited by laws or by this Agreement, or run counter to the public order and good morals; and shall give its best effort to provide goods and services consistently and in a stable manner in accordance with the prescriptions of this Agreement.
The Mall shall establish a security system to protect the users’ personal information (including credit information) so that the user may be able to use the Internet Service safely.
The Mall shall be held responsible for any damage sustained by a user if it commits the act of illegal labeling or advertisement activities with regard to the goods or services, as specified in Article 3 of the Act on Fair Labeling and Advertising.
The Mall shall not send out commercial and advertisement emails that users have not permitted.
Article19 (Obligation regarding Membership ID and Password)
Except for the instances described under Article 17, the responsibility to manage the ID and password is on the member.
No member shall allow a third party to use his or her ID or password.
A member who became aware that his or her ID and password have been stolen or are being used by a third party shall notify the Mall without delay; and shall follow the guidance of the Mall, if provided.
Article20 (Obligation of Users). A user may not commit any of the followingacts:
Entering fraudulent information when registering or modifying the information;
Illegally using somebody else's information;
Modifying any information posted by the Mall;
Transmitting or posting any information not designated by the Mall (computer programs, etc.);
Infringing upon any intellectual property rights owned by the Mall or other third parties;
Committing any act that causes injury to a person's honor, or obstructs the operation of the Mall or other third parties; or
Committing any act of disclosing or posting on the Mall any message, video, or audio that is obscene or violent; or any other information that runs counter to the public order and good morals
Article21 (Relationship between Connecting “Mall” and the Recipient“Mall”)
When a higher rank Mall and lower rank Mall are connected through a hyperlink (e.g., subject of a hyperlink includes characters, drawing and video), the former shall be referred to as the connecting Mall (website), and latter shall be referred to as the recipient Mall (website)
When a disclaimer is posted on the initial screen or by a pop-up screen, at the time of the connection, to the effect that the connecting Mall is not responsible for the transaction between the recipient Mall and the user, with regard to the goods, etc., provided autonomously by the recipient Mall; the connecting Mall shall not be responsible for the transaction.
Article22 (Ownership of Copyright and Limitation on Use)
The Mall shall own the copyright and other intellectual property rights on any creative work authored by the Mall.
A user shall be prohibited from commercially using or letting a third party to commercially use, through copying, transmitting, publishing, disseminating, broadcasting or any other manner, any information that the Mall owns the intellectual rights, obtained in the course of using the Mall.
When using any intellectual property rights owned by a user under an agreement, the Mall shall give the user a notification of such use.
Article23 (Dispute Resolution)
The Mall shall establish a damage compensation processing organization to reflect any reasonable opinion or complaints raised by users; and to handle the compensation of the damages.
The Mall shall handle with priority any opinions or complaints submitted by users. Provided that, if a prompt handling is difficult, the Mall shall notify to the user the reason and the schedule for disposition.
With regard to the electronic commerce disputes between the Mall and a user, if the user makes a request for damage relief, the Mall may elect to follow the mediation of a dispute resolution agency commissioned by the Fair Trade Commission or the head of a city or provincial government.
Article24 (Right of Trial and Governing Law)
A litigation with regard to the electronic commerce disputes between the Mall and a user shall be based on the user’s address at the time of instituting such lawsuit; and in the absence of the address, a district court having jurisdiction over the residence shall be the competent court. Provided that, if the address or the residence of a user at the time of instituting the lawsuit is not clear, or if the user is a resident of a foreign country, the case shall be filed with a competent court under the Civil Procedure Act.
The Korean law shall govern any litigation with regard to the electronic commerce disputes between the Mall and a user.
Addendum
This term of use shall be effective as of June 20, 2013.
Guidelines for handling personal information
Guidelines for handling personal information
User consent items for protection of personal information (please refer to the "guidelines for handling personal information" for details)
Purpose of collecting personal information and the uses
Personal information refers to the information in regards to a living individual, such as name, telephone number, etc., by which the individual can be identified.
(Including information items, although by themselves cannot identify a particular individual, but may identify the individual in combination with other readily available information)
Most of the services can be utilized without separate registration of the user.
But, PyunKang collects users’ personal information to provide custom-tailored Services and other improved and high quality services, through membership services
PyunKang does not disclose any personal information of users without prior consent, and utilizes the collected information in the following manner:
First, we can develop more useful services based on the personal information provided by the users.
PyunKang can identify the priority of the services to be developed more efficiently when developing new services or contents, based on the personal information provided by the users to the company, and select more rationally the contents that the users need.
Second, the items of personal information to be collected and used, along with the purpose of the use, are as follows:Name, ID, password: to be used in the membership confirmation procedure in providing member services;
Email address, telephone number: to deliver notifications, secure communication channel for complaints, and to post notices on new services, products, or events;
Address, telephone number: to secure correct address for delivery of invoice and products;
Other optional items: to collect material to provide custom tailored services;
IP address: to prevent illegal uses by black members and unauthorized uses.
Items of personal information to be collected and the collection methods
PyunKang receives the information, online, those items necessary for the provision of services when a user registers for membership to use member services.
Necessary information secured at the time of the membership registration are name and email address, etc.
Also, as optional entry items for better quality services, we receive telephone number, etc., from the users.
In addition, when conducting surveys or promotional events within the shopping mall, we may ask for entries of optional personal information for statistical analysis or for provision of raffle winnings.
But, we do not collect any sensitive personal information that is likely to infringe upon the user's basic human rights, and if the collection of the information is unavoidable, we will make sure to receive the users’ prior consent.
And, with regard to the information that the user has provided, we will not use the information for any purpose other than what has been already notified as the stated purpose, and will not disclose the information externally.Storage and period of use for the collected personal information
PyunKang retains the personal information of the users and utilize the same for provision of services, as long as a user remains a member of the shopping mall.
Provided that, when a member himself or herself has deleted or modified the information, or when a member has requested the cancellation of membership, pursuant to the procedure and methods delineated by “6. Management of personal information (viewing, modification and deletion, etc.)” below; the information is processed so that it is completely purged from the disk and made impossible to be retrieved or used thereafter.
And, the personal information collected for temporary purposes (survey, event, confirmation of identity, etc.) under “3. Personal Information to be Collected and the Collection Methods”, is likewise processed to make the retrieval impossible after the purpose is fulfilled.
Your personal information is as a principle purged once the purpose of collecting personal information or the purpose of provision of the information is accomplished, as provided below.
Provided that, in cases where the preservation is necessary pursuant to laws related to consumer protection and the online transactions, or other related laws, PyunKang retains the membership information during the period designated by the relevant laws.
In these cases, PyunKang will use the stored information for sole purpose of keeping custody; and the storage period is as follows:Records on contracts or withdrawal from application: 5 years
Records on payment and delivery of goods: 5 years
Records on customer complaints and dispute resolution: 3 years
PyunKang
will handle the valuable customer information safely and will purge
the personal information in the following manner to prevent any
leakage:
Personal information printed on paper is to be shredded on a paper shredder or to be disposed through incineration
Personal information stored electronically in a file form is to be deleted using a technical method that makes the deleted file unrecoverable.