TERMS AND CONDITIONS
GENERAL SERVICE TERMS AND CONDITIONS
CHAPTER 1 GENERAL PROVISIONS
ARTICLE 1 (PURPOSE)
The purpose of this General Service Terms and Conditions (hereinafter referred to “General Terms”) is to set forth the rights and obligations of Jaanh Group, Inc. (hereinafter referred to “Company) and the users of the electronic commerce related services (hereinafter referred to “Services”) that are provided through an internet site operated by the Company. Electric commerce using “PC telecommunications, wireless, etc.” shall also be applied to General Terms in mutatis mutandis unless it is against its nature.
ARTICLE 2 (DEFINITION)
- “Company” means a virtual place of business which the Company creates in order to transact goods and services through communication devices such as computers, etc., in order for Company to provide goods and services (hereinafter referred to, “Product”) to Users. In addition thereto, it also means the business operator which runs the cybermall.
- “User” means Members and Non-Members who have access to the Company and are provided with the Services by the Company pursuant to the General Terms.
- “Member” means a person who has registered as a member by providing the Company with his/her personal information, continues to be provided with the Company’s information and who can continue to use the services provided by the Company.
- “Non-Member” means a person who use the Services provided by the Company without registration as the Member
- Definition of other terms used in General Terms shall be in accordance with the related laws and guide by service.
ARTICLE 3 (POSTING, DESCRIPTIONS AND AMENDMENT)
- The Company shall post the General Terms, its business name, its offices, the place of business (including the address of the places where customer complaints can be handled), telephone number, fax number, email address, business registration number, mail-order business filing number, personal information control officer, etc. on the first page of its website so that Users can recognize them; provided, however, that provisions of the General Terms may be seen by the Users in the page linked from the website.
- The Company may amend the Agreement to the extent that such amendment does not violate relevant laws such as Regulation of Standardized Contracts Act, the Act on the Consumer Protection in the Electronic Commerce Transactions, etc., and Framework Act on Consumers.
- In the event that the Company amends the Agreement, it shall announce the effective date thereof and reasons for such amendment, along with the current Agreement on the first page of the website or a popup window from seven (7) days to one (1) day prior to the effective date. However, if any amendment is disadvantageous to the Users, such amendments shall be notified 30 days prior to the effective date. In this case, the Company shall disclose such amendment to ensure Users may understand easily by clearly comparing the provisions hereof before and after amendment.
- In the event that the Company amends the Agreement, such amended Agreement shall apply to agreements executed since the effective date of the amendment and any agreement executed prior to such effective date shall be governed by a previous version of the Agreement prior to such amendment; provided, however, that in the event that a User who executed an agreement prior to the amendment conveys his/her intent to have such amended Agreement apply within the notice period pursuant to Article 4 to the Company and obtains the Company’s consent thereto, the amended Agreement shall apply.
- Any and all matters not set forth in the General Terms and on construction of the General Terms shall be in accordance with Regulation of Standardized Contracts Act, the Act on the Consumer Protection in the Electronic Commerce Transactions, etc., Framework Act on Consumers, Consumer Protection Guidelines on E-Commerce of Korea Fair Trade Commission, related laws and commercial practices.
CHAPTER 2 SERVICE
ARTICLE 4 (SERVICE RENDERING)
- The Company shall provide the following Services
- Provision of information related to products and services and execution of purchase agreements
- Delivery of goods or services under the purchase agreements
- Other services defined by the Company
- If the Company is not able to provide the goods or the services any more due to out of stock or change in the technical specifications, the Company may change the goods or services to be provided under the subsequent contract. In this case, the changed goods or services shall be posted on the website stating details and delivery date of such goods or service.
- If change in details of service on which the Company entered into a contract with a User due to out of stock or change in technical specifications, the reasons of such change shall be noticed immediately by any method available to the User.
- In case of the case above, the Company shall compensate damages due to the change unless the Company proves there was not its willful act or negligence.
ARTICLE 5 (SUSPENSION OF SERVICES)
- The Company may temporarily suspend the provision of the Services due to repair, maintenance, change, breakdown of communication devices such as computers, etc., and communication cut-off, etc.
- In the event of any suspension of the Services pursuant to Section 1 above, the Company shall notify Users thereof in the methods provided in Article 8.
- The Company does not indemnify and hold harmless the Users or any third parties against any loss or damage arising out of temporary suspension of the Services for reasons described in Section 1 without Company’s negligence or willful act.
CHAPTER 3 MEMBERSHIP
ARTICLE 6 (APPLICATION FOR MEMBERSHIP
- A User may sign up without charge by agreeing to the General Terms after he or she provides his/her member information in the application form provided by the Company.
- The Company approves such application of the User who applies for membership pursuant to Section 1 above unless one of the following cases applies:
- If the membership of such applicant was previously terminated pursuant to Article 7(3), except for the Company’s approval of re-application of the User whose previous membership was terminated more than three years ago from the date of re-application.
- If there is false or omitted information or misstatement in the registered information
- If registration of such applicant is deemed to cause serious technical problems to the Company
- If an applicant is a child under 14 years old without consent of a legal representative including parent, etc.
- Execution of the General Terms occurs when the Company’s approval is delivered to the Member.
- If the Member has anything to change with regard to his/her registered personal information, he or she shall notify Company thereof by means designated by the Company.
ARTICLE 7 (WITHDRAWAL BY MEMBER, TERMINATION OF MEMBERSHIP, ETC)
- A Member may request withdrawal of the membership at any time and the Company shall process such withdrawal request immediately.
- The Company may suspend or limit a Member’s qualifications for membership in any of the following cases:
- If such Member registered false information at the time of submission of his/her application
- If such Member fails to make payment/obligations due for products and services purchased through the Company’s Services or in relation to use of the Company’s Services
- If such Member uses ID, password or personal information of others
- If such Member threatens electronic commerce rules by interfering with others’ use of the Company’s Services or stealing their information
- If such Member commits acts which are prohibited by the General Terms, relevant laws or against good public orders and customs by using the Company’s Services,
- If such Member intentionally interferes with the Company’s business activities
- The Company may terminate membership of the Member whose membership has been limited or suspended to the extent that he or she commits the same breach twice or more, or he or she fails to remedy such breach with thirty (30) days from the date of the breach.
- If the Company terminates membership of the Member, such membership is canceled, of which shall be notified such Member who shall be given an opportunity to be heard by stating the period more than 30 days before cancellation.
ARTICLE 8 (NOTICE TO MEMBERS)
- The Company may send any notice to Members’ email addresses which they submit to Company or by SMS, etc.
- In the event of the Company’s notice to unspecified majority of the Members, posting of such notice on the Company’s board shall be deemed to be an individual notice to each Member.
CHAPTER 4 PURCHASE CONTRACT AND PAYMENTS
ARTICLE 9 (PURCHASE REQUEST)
A User requests any purchase on the website in the following manners or similar ways and the Company shall make the following information available to A User for purchase request, However, in case of Members, the application of Subsection 2 through Subsection 4 may be excluded.
1. Search and selection of the Products
2. Entry of the name, address, telephone number, e-mail address (or mobile phone number), etc.
3. Confirmation on provisions of the General Terms, services of which subscription withdrawal rights are restricted and cost including delivery cost and installation cost
4. Purchase request on the Products, confirmation on such purchase request or consent to confirmation of the Company
5. Selection of payment method
ARTICLE 10 (EXECUTION OF AGREEMENT)
- The Company may not accept the purchase request of the User in any of the following cases. However, in the event of executing a contract with a minor, the Company shall give a notice that the contract may be terminated by such a minor or a legal representative if the consent of a legal representative is not obtained.
- If there is false or omitted information or misrepresentation in the request
- If acceptance on the purchase request may cause serious technical problems to the Company
- If it is against the laws or guidelines of the government
- The purchase agreement shall be deemed to have been formed when the consent of the Company is delivered to a User as a notice to receipt of request under Article 12(1)
- A notice of acceptance by the Company shall include confirmation of the purchase request, availability, cancellation and correction of purchase request and other necessary information.
ARTICLE 11 (PAYMENT METHODS)
- One or more of the following payment methods are available for the payment for the product and the services purchased in Company. However, the Company shall not collect any fee regardless of its name on the payment for the Products in relation to the payment methods.
- Various card payments including prepaid card, debit card, credit card. Etc.
- Payment through e-cash
- Payment with points granted by the Company
- Payment by gift certificates such as book gift cards recognized by the Company
- Payment by Paypal, Alipay, etc.
- The User shall be solely responsible for any information provided by the User in relation to the purchase payments and the Company may cancel any purchase order if the payment therefor is not made within the reasonable period of time after an offer to purchase such Products.
- The Company may verify the User’s right to use his/her payment methods and, if necessary, suspend the transaction and request submission of evidence thereof.
ARTICLE 12 (NOTICE OF CONFIRMATION, CANCELLATION AND CHANGE OF PURCHASE REQUEST)
- In the event of the purchase request made by the User, the Company shall notify the Company of a confirmation.
- If there is any information of not confirming to the purchase request, the User notified of such confirmation may, immediately upon receipt thereof, may request change or cancellation of the purchase request and upon the User’s request for the change or cancellation of the purchase request before delivery, the Company shall handle it without delay accordingly.
- If a User who received a notice of confirmation has already made payment, the provisions of Article 15 on cancellation of request shall be applied.
ARTICLE 13 (SUPPLY OF PRODUCTS)
- The Company shall take all necessary measures such customized production, packing, etc., within 10 days after order of a User so that Products may be delivered with 10 (ten) days from the date of the order unless otherwise separately agreed with a User. However, if the payment is made in full or part, the Company shall take measures within 2 business days. In this case, the Company shall take proper measures to check the supply procedure or progress of supply.
- In the event of holidays or force majeure events including natural disasters, such period shall be excluded from the delivery period.
ARTICLE 14 (REFUND)
If the Company finds that it is unable to provide the products or the services ordered by the User because such products are out of stock or the services are unavailable, it shall notify the User of the reasons therefor without delay and, if any advance payment for such products or services is made, such payment shall be refunded or any procedure required for such refund shall be taken within the Company’s three (3) business days.
ARTICLE 15 (REVOCATION OF ORDER, ETC)
- The User who executed the purchase agreement with the Company in relation to sale of the Products may revoke the order within seven (7) days from the date of receiving a confirmation.
- The User may not return or exchange the products delivered in any of the following cases;
- If the value of the Products significantly diminishes due to the User’s use or partial consumption thereof.
- If the value of the Products significantly diminishes by lapse of time to the extent that such goods are not resalable.
- If the packaging materials of the products which can be reproduced into other products with equal capacities are damaged
- Other cases set forth in the presidential decrees for the safety of transactions
- In case of Section 2(2) through Section 4, if the Company failed to post the fact that revocation of order may be restricted in advance or to take measures regarding thereto, the revocation of order by a User shall not be restricted.
- Notwithstanding the Section 1 and Section 2, the User may revoke the offer within three (3) month from the date of delivery to the extent that the products are inconsistent with such agreement or advertising, or thirty (30) days from the day when the User knew or should have known such inconsistency.
ARTICLE 16 (EFFECT OF ORDER REVOCATION, ETC)
- If the Company receives returned Products, the Company shall refund the payment for such Products within three (3) business days. If the Company delays the refund of such payment, the Company shall pay for late interest calculated by late interest rate prescribed by the Fair Trade Commission multiplied by such delayed period.
- In relation to the Company’s refund of the payment above, if the User made such payment by credit card or other payment methods provided by the Electronic Financial Transaction Act, the Company may request immediately that the business entity which provided such payment methods suspend or cancel its request for such payment for the products.
- If the offer to purchase has been revoked, the User shall be responsible for any costs required for return of the products. The Company shall not be entitled to raise any claims for damages or penalties due to such revocation of the offer. Notwithstanding the foregoing, if the offer is revoked because the products are inconsistent with the specifications as advertised or of the agreement, the Company shall be responsible for any expense required for return of the products.
- In the event that the User pays for any shipping charges for the products received, the Company clearly indicates who shall be responsible for any expenses incurred from revocation of the offer.
CHAPTER 5 OBLIGATIONS OF PARTIES
ARTICLE 17 (PROTECTION AND USE OF PERSONAL INFORMATION)
- The Company collects the minimum information necessary for the fulfillment of services when collecting information from users. Followings are necessary items and other shall be optional.
- e-mail address
- ID (for Member)
- Password (for Member)
- Other matters which the Company deems necessary
- The Company shall obtain the user’s consent when collecting personal information that can be used to identify the user.
- The Company may not use the collected personal information for purposes other than its original purpose of collection, and when there is a new purpose arises or if it needs to be provided to a third party, it shall be notified to the users in advance and shall get users’ consent except for following cases:
- If disclosing the minimum information on the User (name, address and telephone number) required for delivery
- If it is significantly difficult to receive the personal information required for fulfillment of a contract on the provision of information and telecommunication services due to technical and economical reasons
- If required for settlement of payments for transactions on the Products
- If required for prevention of use by others
- If required by provisions of laws or regulations
- If information on the User is provided for the service provider which handle the complaint for and on behalf of the Company or for fast use inquiry
- If the minimum information on the identification (name, 6 front digits of residence registration number, and comments on ordered products) required for the business tie-up with partners consented by the Member in sign-up.
- If the Company is required to obtain the consent of the users pursuant to the 2nd and 3rd clause, it shall notify the matters prescribed by the 2nd clause of Article 22 of the Act on the Promotion of Information and Communication Network use and Protection of Information in advance including the identity of the person in charge of personal information protection (affiliation, name, phone number, and other contact information), purpose of collecting information, and information on third-party provision (the party receives information, purpose, and details of information to be provided), and the users may withdraw his or her consent at any time.
- The user may request to view and correct the errors to his or her personal information at any time, and the Company shall be obliged to take necessary measures to such requests without delay. If the user requests correction of an error, the Company does not use the personal information until the error is corrected.
- The Company shall limit the number of administrators for the protection of personal information, and shall take full responsibilities for any theft, leakage, or alteration of users’ personal information including credit card information and bank account.
- The Company or a third party who has received personal information from the Company shall destroy personal information after they achieves the purpose of collecting or receiving personal information.
- The Company shall get consent of the Member in accordance with the laws including the Act on Promotion of Information and Communication Network Use and Protection in collecting, using and providing the personal information of Members.
- At any time, a Member can cancel his/ her consent on the personal information collection and use which such Member provided to the Company and the cancellation of the consent shall be deemed as “Sign-Off”.
ARTICLE 18 (DUTIES OF THE COMPANY)
- The Company shall endeavor to supply the goods or services stably as set forth herein.
- The Company shall make have a security system to protect Users’ personal information (including credit information) so that users can use Internet service safely.
- The Company shall be liable to compensate the Users for damages caused by the unlawful display and advertisements prescribed by Article 3 of the Act on the Fairness of Displays and Advertisements.
- The Company shall not send commercial emails for commercial purposes if the User makes his/ her intention of refusal expressly.
ARTICLE 19 (OBLIGATION TO MEMBER’S ID AND PASSWORD)
- Members shall be responsible for the management of his or her ID and password except for cases under Article 18.
- If Members shall not cause a third party to use his or her ID and password.
- If a Member knows his/ her ID and password is stolen or is used by a third party, he or she shall immediately notify the Company of such incident and follows instructions of the Company, if any.
- The Company shall not be responsible for any damage or loss suffered by a Member due to his/ her breach of the Section 1 through Section 3 above.
ARTICLE 20 (OBLIGATIONS OF USERS)
Users shall not engage in any of the following acts:
- Registration of false information when applying for membership or changing personal information,
- Unauthorized change of information posted on the Company
- Transmission or posting of information not approved by the Company (computer program, etc.)
- Infringement of intellectual property rights such as copyrights of the Company or other third parties,
- Acts that impair the reputation of or disturbs the business of the Company or other third parties,
- Disclosing or posting information, message, image, or voice that is obscene, violent, or against public order and good morals on the website of the Company
CHAPTER 6 USE OF ADDITIONAL SERVICES
ARTICLE 21 (POINTS)
- The Company may grant points to a Member when a Member purchases Products or writes a comment after use. Detailed operation method shall be defined in the operation policy of the Company.
- Points can be used in the same way at the cash value under the terms on use in purchasing Products (but not available for items which are disclosed of non-application in advance) and not refundable into cash.
- In addition, point services are available only to Members and not transferable to others.
- Points are valid for two years and points not used within the due date shall expire.
- Points of a Member who ceases to be a member shall expire.
- If it is confirmed that the points were acquired illegally, the Company may take other measures such as cancellation of the points, deletion of ID (unique number) and criminal charges.
ARTICLE 22 (PRODUCT COUPON)
- The Company may issue to Members product coupons that enable the discount at certain amount or ratio when Members purchase the designated products.
- A Member may use the coupon only for him/ her and not actually sell or transfer it to another person under any circumstance.
- Product coupons may be restricted depending on some items or amounts, and cannot be used after the expiration date.
- The coupon will expire on withdrawal of membership
CHAPTER 7 MISCELLANEOUS
ARTICLE 23 (ATTRIBUTION OF COPYRIGHTS AND RESTRICTIONS ON USE OF POSTS)
- Any and all copyrights and other intellectual property rights of the contents created by the Company shall vest in the Company.
- The User shall not or allow any third party to use any information obtained from using the Company’s services through reproduction, transmission, publication, distribution, broadcasting or other methods for commercial purposes without the Company’s prior consent.
- The Company shall inform the User of any use on the copyrights belonging to the User under the agreement, if any.
- A User shall endeavor to indemnify and hold harmless the Company against a claim on damages of a third party due to infringement of the postings which the User posted on the website of the Company on copyrights or program copyrights of such a third party.
- The Company may delete or change postings of a Member in the service (including transfer between members) in the following cases, without any prior notice, and “Company” shall have no liability for them.
- Spam and commercial posts (e.g., good luck letter, specific site ads, etc.)
- Writings that damage or credit of others by distribution of false facts to defame others
- Disclosing identity of another person without consent, contents infringing the copyright of a third party, and other postings different from bulletin board topics
- Others which the Company determines they are in violation of relevant laws and regulations and the Company’s guidelines
ARTICLE 24 (INDEMNIFICATION)
- The Company shall not be responsible for any failure of providing the services due to natural disaster, force majeure or other event beyond its rational control.
- The Company shall not be responsible for any failure of providing the services due to reasons attributable to a User.
- The Company shall not be responsible for any loss of expected profits using the service or damage arisen from use of the data obtained through the service.
- The Company shall provide the information, data or materials on the website as they are and be not responsible for the inaccuracy or reliability of such information, data or materials and also not responsible for any loss or damage which incurred to a User or a third party due to use of the incorrect or false information.
- The Company shall not be responsible for any loss or damage of a User or a third party due to willful act or negligence of a User in relation to use of the service.
ARTICLE 25 (LINK TO OTHER SITES)
- The Company may link to other websites via hyper-link (including text, illustration, figure or video clip).
- The Company shall not be responsible for the transactions of goods or services which a User made with the linked site independently from the Company.
ARTICLE 26 (PROVISION OF INFORMATION AND PUBLICATION OF ADVERTISEMENTS)
- The Company may provide a variety of information to Members in the service screen by posting on the service website or by e-mail or mail.
- The Company may place advertisements on its website, service screen, SMS, e-mail etc. in relation to the operation of the service.
- It is entirely a matter between the Member and an advertiser that a Member uses an advertisement on the service or participates in the promotional activities of an advertiser. Any dispute between a Member and an advertiser shall be resolved by such Member and advertise directly and, in this case, the Company shall not bear any liability thereto
ARTICLE 27 (DISPUTE RESOLUTION)
- The Company will establish and operate the customer center the damage compensation/ handling unit to reflect the reasonable opinions or complaints provided or raised by Users and handle the compensation of damage, etc. incurred therefrom.
- The Company makes efforts to handle complaints and opinions submitted by the Users first; provided, however, that if any dispute cannot be resolved promptly, the Company shall make efforts to resolve it by notifying the User of reasons therefor and resolution schedules related thereto.
- In relation to any disputes between the Company and the User, if the User makes any request for relief, the Company may explain to him/her about how to apply for mediation of Fair Trade Commission or other dispute mediation organizations requested by mayor or governor.
ARTICLE 28 (JURISDICTION AND GOVERNING LAW)
- Any litigation regarding e-commerce transaction disputes between the Company and the User shall be submitted to an exclusive jurisdiction of a local district court where the User resides or if there is no such residence, where his address is located instead; provided, however, that if such User’s residence or address is unknown or he/she is a foreign resident, such disputes shall be submitted to the jurisdiction of any applicable court in accordance with Civil Procedure Act.
- Any litigation regarding the e-commerce transaction disputes between the Company and the User is governed by the laws of the Republic of Korea.
This General Terms shall come into effect on December 1, 2017.