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TERMS AND CONDITIONS
Article 1 (Purpose)
The purpose of this Terms and Conditions is to specify the rights and obligations as well as responsibilities of cyber mall and its users when using the Internet related services (hereinafter referred to as “Services”) provided by Gentle Monster which is operated by Snoopby Co., Ltd.
※ Unless otherwise specified to the contrary, these Terms and Conditions shall be applied to the electronic commerce using PC telecommunication and wireless communication.
Article 2 (Definitions)
① “Mall” is a virtual business premises designed for users to transact the goods or services (hereinafter referred to as “Goods”) by using the information and communication equipment, such as, computer from Gentle Monster and it is also used as the business operating the cyber mall.
② “User” is any member or non-member who has access to the services provided by Mall i4 the Terms and Conditions by linking to Mall.
③ “Member” is any person who is registered as a member of Mall by providing the personal information and is eligible to use the services provided by Mall on a continual basis.
④ “Non-member” is any person who uses the services provided by Mall without joining Mall as a member.
Article 3 (Specification, Description, and Revision of the Terms and Conditions)
① “Mall” posts on its initial service screen of 00 Cyber mall with the contents of the Terms and Conditions, name of the Company and representative, address of sales office (including the address of places where the consumer’ complaints may be settled), telephone no. fax no. email address, business registration no., telecommunication sales filing no. and person in charge of managing the personal information so that the users may easily check the information. However, the contents of the Terms and Conditions may be designed so that the users check them through the link.
② Before the user agrees to the Terms and Conditions, “Mall” shall seek the user’s confirmation by providing the separate linked screen or popup screen so that the user may understand the important matters on cancellation of subscription, delivery responsibility and refund conditions among the contents of the Terms and Conditions.
③ “Mall” may revise the Terms and Conditions to the extent that it does not violate the related laws, such as, the Act on Protection of Consumers in Electronic Commercial Transaction, Act on Regulation of Terms and Conditions, Framework Act on Electronic Commerce, Electronic Signature Act, Act on the Promotion of Information and Communication Network, and Act on the Visit Sale and Consumer Protection Act.
④ In the event that “Mall” wants to revise the Terms and Conditions, it shall post the date of application and cause of revision on Mall’s initial screen along with the current Terms and Conditions at least 7 days before its application.
However, when the Terms and Conditions are revised in a way that the revision would make the users disadvantaged, it shall post it at least 30 days prior to the application. In this case Mall shall display the clear comparison between the current ones and the revised ones so that the user may easily under them.
⑤ In the event that “Mall” revises the Terms and Conditions, the revised ones should be applicable to the contracts made after the date of its application. Therefore, the contracts made before the revision would be applied with the previous Terms and Conditions. If the users want to apply the revised ones to their contacts, they may inform their intention to Mall. If their intentions are approved, the revised one would apply.
⑥ Matters not specified in the Terms and Conditions and the interpretation follows the provisions of the Act on the Protection of Consumers in Electronic Commerce, Act on the Regulation of the Terms and Conditions, the Instruction on the Protection of Consumers in Electronic Commerce as specified by Fair Trade Commission, related laws and general commercial practices.
Article 4 (Provision and Modification of Services)
① “Mall” shall carry out the following businesses.
1. Provision of information on goods or services and execution of purchase contracts
2. Delivery of goods or services according to the purchase contract
3. Other matters specified by Mall.
② Mall may change the contents of goods or services to be provided to the users according to the contract to be made in the future when the goods or services are in shortage or there are changes in the technical specification of them. In this case, Mall shall immediately post the modified goods or services and the date of delivery at the place where the goods or services are currently posted.
③ In case when Mall has to change the contents of services in the contract with users due to the shortage of goods or change in the technical specification, it shall immediately inform the users with the causes for the changes through the available address of users.
④ In the event of the previous Paragraph, Mall shall compensate the users for inflicted damaged. But this does not apply when Mall proves that it was not intentional or caused by any negligence.
Article 5 (Stoppage of service)
① Mall may temporarily stop the provision of services when there are repair and checking, replacement, failure of telecommunication equipment or failure of telecommunication.
② Mall shall pay the users for any losses or damages inflicted to the users due to the temporary suspension of services as specified in the provision above. But this does not apply when Mall proves that it was not intentional or caused by any negligence.
③ When Mall fails to provide the services due to the change of business items, cancellation of business and merging with other businesses, it shall inform it to the users according to Article 8 and compensate the users according to the conditions provided by Mall. If Mall did not post any notice on the compensation criteria, it may pay in goods or cash which is equivalent to the mileage or deposit of the users.
Article 6 (Membership)
The user may apply for a membership of Mall by filling out the application with the member’s information in the form provided by Mall and indicate for its consent to the Terms and Conditions.
② If the applicant wants to become a member of Mall as specified above, Mall may allow the applicant to register its members unless the applicant falls on one of the followings.
1. The applicant has lost the membership due to Article 7 (3) of the Terms and Conditions unless he or she obtains the approval for rejoining as 3 years or more have passed since the revocation of membership.
2. There is false information registered or filled in.
3. It is decided that the registration of the applicant as a member would provide much technical difficulty.
③ The contract of membership takes effective when the approval of Mall reaches the applicant.
⑤ If there is any change in member’s information registered according to Article 15 (1), the member shall immediately inform the changes to Mall via email or other ways.
Article 7 (Cancellation or disqualification of membership)
① A member may ask for termination of membership any time. In that case, Mall shall immediately take actions to terminate the membership.
② If the member falls into one of the following, Mall may limit or stop the membership.
1. The member registered the false information in application for membership.
2. The member does not make payment after he or she purchase the goods or services at Mall.
3. The member blocks other members’ use of Mall or provides threat to the sound electronic commerce such as theft of information.
4. The member violates the related laws or the Terms and Conditions in using Mall.
③ Mall may terminate the membership when the member repeats the same behaviors two times or more or do not correct the bad behaviors after Mall limits or stop the qualification of membership.
④ When Mall terminate the member’s qualification, it shall terminate the membership registration. In this case, Mall shall inform it to the member. Prior to the termination of membership, Mall shall provide 30 days during which the member may express his or her opinion.
Article 8 (Notice to member)
① When Mall provides notice to the member, it may use the email address previously provide by the member.
② Mall may post the general notices on Mall’s bulletin board for more than one week instead of giving individual notices to general members. But if the information has big effect on the transaction with the member, Mall shall provide notice to individual members.
Article 9 (Asking for Purchase)
The user shall apply for purchasing at Mall in the following ways or similar ways. Mall shall provide the related information in a way that the user may easily understand.
1. Search and selection of goods,
2. Entering name, address, telephone no. email address (or mobile phone no.).
3. Checking of the contents of Terms and Conditions for service where the revocation of purchasing application is limited, delivery fee and installation fee and others.
4. Agreeing or rejecting the Terms and Conditions and the item 3 above (e.g. clicking the mouse)
5. Checking the application for purchasing the goods or agreeing to Mall’s checking
6. Selection of settlement method
Article 10 (Establishment of Contract)
① Mall may not agree to the application for purchasing if it falls on one of the followings. It shall also post the contents that in case of minors, if they do not obtain the approval of legal representatives, the minors or Mall may terminate the contract.
1. There is false information or error in application.
2. The minors are trying to purchase the goods or services such as tobacco or liquor which are prohibited according to the Adolescent Protection Act.
3. There is a technical difficulty in consenting to the application for purchasing.
② The contract is deemed to be made when Mall’s approval reaches the users in the form of notice showing the acceptance of Mall as specified in Article 12 (1).
③ Mall’s approval of the user’s application for purchasing shall include Mall’s acceptance of the application, whether the goods are available, or the demand for correction or termination of the application for purchasing.
Article 11 (Method of Payment)
The users may make payment for the goods or services purchased at Mall using one of the followings. But, Mall shall not impose any additional fees in any name because of the method of payment.
1. Wire transfer including phone banking, Internet banking or mail banking
2. Payment using cards such as debit card, and credit card.
3. Online wire transfer
4. Settlement using the electronic currency
5. Direct payment on acceptance of goods
6. Payment using the points provided by Mall, including mileage
7. Payment using gift card provided by or agreed by Mall
8. Other electronic payments
Article 12 (Notice of acceptance, change and cancellation of application for purchasing)
① If there is the request of purchasing from users, Mall shall provide the user the notice of receipt of the request.
③ If the user finds any discrepancy in the notice of receipt of the request from Mall, it may change the request or cancel it. If the users ask for any change, Mall shall comply with it. But if the payment is already made, the provision of the revocation of the request is applied as specified in Article 15.
Article 13 (Supply of goods)
① Unless the period of delivery of goods is specified in the contract with users, Mall shall take necessary actions to deliver the goods within 7 days after the receipt of the request, including the manufacturing and packing of the goods. But if Mall is paid the part or whole payment for the goods, it shall take actions within 2 working days after the receipt of it. At this time, Mall shall take necessary action so that the user may check the procedure and process of supply of goods.
② Mall shall specify the delivery means, the bearer of transportation expenses and the period of transportation for each delivery means for the purchased goods. If Mall exceeds the specified period of transportation, it shall compensate the users for the losses. This does not apply when Mall verifies that it has no bad intention nor committed gross negligence.
Article 14 (Refund)
If Mall may not deliver the goods due to the shortage of products or other causes, it shall provide notice of it immediately. If it got the payment from the users already, it shall refund it or take necessary step within 2 working days.
Article 15 (Revocation of request for purchasing, etc)
① The user who made a contract with Mall on the purchasing of goods may revoke the request within 7 days after the receipt of the notice of acceptance from Mall.
② The users may not return the delivered goods or ask them to be replaced if they fall on one of the followings.
1. The goods are damaged or lost due the causes attributable to the users (But, if the packing is damage for checking the goods, the revocation may be made.)
2. The users have used or consumed the part of the goods that the value of the goods has significantly been reduced.
3. The value of the goods has been significantly reduced due to the passing of time to the extent that the resale is difficult.
4. The packing of the original goods is damaged when it may be copied to the goods having the same performance.
③ The user may not revoke the request for purchasing if the limitation of revocation for the cases specified in Paragraph 2, Sub-paragraph 2 to 4, is indicated in the well visible place or the trial goods are provided.
④ Notwithstanding Paragraph 1 and 2 above, if the user finds out that the contents of goods are different from advertisement or displayed indication or the contract is conducted in a way different form the contract, it may revoke the request for purchasing within 3 months after the receipt of the goods or 30 days after when they know the fact or are able to know the fact.
Article 16 (Effect of Revocation of the Request)
① When Mall obtains the returned goods from the user, it shall refund the amount it received from the users within 3 working days after the receipt. In this case, if Mall delays the refund, it shall pay the penalty in the interest rate specified in the Fair Trade Commission during the delayed period.
② If the users paid the goods with their credit card or electronic currency, Mall shall ask the settlement service provider to revoke the payment.
③ In the revocation of the purchasing, the expenses for the return of the goods are to be borne by the users. Mall does not ask the users for compensation for the revocation of the purchasing. But if the revocation of purchasing was conducted due to the discrepancy between contents of the goods and those of advertisement, the expenses for return of the goods shall be borne by Mall.
④ When the users bear the expenses of transportation fee for the goods when they receive the goods and the purchase has been revoked, Mall shall clearly indicate who is to bear the expenses.
Article 17 (Privacy)
① Mall shall keep the information which shall be gathered the implementation of the purchasing contract from the users to the minimum. The following information is the mandatory while the others will be optional.
2. Resident registration no. (In case of members) or foreigner registration no.
4. Telephone no.
5. ID (in case of member)
6. Password (in case of member)
7. Email address (or mobile phone no.)
② When Mall wants to collect the personal information which is identified to individuals shall obtain the consent of the users.
③ The personal information provides shall not be provided to any third party for purposes other than the agreed one without the consents of the users. Mall takes full responsibility for anything related to the personal information except the followings.
1. Mall may inform the least user’s information (name, address and tel. no.) to the mail delivery service provider during the delivery of the goods.
2. The information is required for the preparation of statistics, academic research or market research and provided in a way that no personal identification may be made.
3. The information is required for settlement of the transactions including goods.
4. The information is required to check the identity of the users for prevention of the theft.
5. The disclosure is made according to the related laws.
④ When Mall wants to obtain consent of the users according to Paragraph 2 and 3 above, it shall specify or post the information such as identity of the person in charge of personal information (dept, name and tel. no, and other contact), cause and purpose of collection of personal information, provision of information to third parties and contents to be provided according to Article 22 (3) of Act on Use and Promotion of Information & Telecommunication Network. The user may revoke the consent at any time.
⑤ The users may ask Mall to look at their personal information kept by Mall or correct it. Mall shall comply with the request immediately. When the users ask for the correction of information, Mall shall not use the information until the correction of it.
⑥ Mall shall limit the personal in charge of personal information to a few people for protection of it. It shall take all responsibilities for any damages or losses suffered by the users such as loss, theft, disclosure and change of personal information such as credit card and bank account.
⑦ When Mall or a third party who obtains the personal information from Mall achieves its intended purpose of collection of information, it shall immediately destroy the personal information.
Article 18 (Obligations of Mall)
① Mall shall not do anything which is prohibited in the related laws and the Terms and Conditions or is not compliance with the sound customs and traditions. It shall try t make every effort to provide the goods or services in a continual and safe manner as specified in the Terms and Conditions.
② Mall shall put the security system in place for protection of personal information (including the credit information) so that the users may safely use the Internet service.
③ If Mall conducts any improper marking or advertising activities as specified in Article 3 of “Act on Fair Indication or Advertising” and the users is inflicted with damages or lost due to them, Mall shall compensate the users for them.
④ Mall shall not send any advertising email to any user not wanting to receive such mail.
Article 19 (Obligations related to member’s ID and password)
① The members shall take responsible for the management of their ID and password except the case specified in Article 17.
② The members shall not allow their ID and password to be used by any third party.
③ If any member notices that its ID and/or password are stolen or used by any third person, it shall inform such fact to Mall and follow Mall’s instruction, if any.
Article 20 (Obligations of the users)
The user shall not do the followings.
1. Registration of the false information in application or change
2. Theft of other people’s information
3. Change in information posted on Mall.
4. Sending or posting of information other than specified by Mall (computer programs)
5. Infringement of intelligence property right kept by Mall and any third party
6. Damage of image of Mall and any third party and obstruction to the work.
7. Dissemination or posting of the obscene or violent message, video, voices and information which is in violation of public order
Article 21 (Relation between Malls)
① If the upper Mall and lower Mall is hyperlinked (the hyperlink includes the letters, graphic, and video), the former is called linking Mall (website) while the latter is called the linked Mall (website).
② The linking Mall does not take any responsibility for the transaction of goods made via the linked Mall if it specified on the initial screen or pop up screen that it is not responsible for it.
Article 22 (Ownership of Copyright and Limited Use)
① Any copyright and other intelligent property right over works made by Mall is owned by Mall.
② No user shall copy, send, publish, disseminate, or broadcasting the information concerned to Mall which is obtained during their use of Mall for any purposes other than specified or let any third person use it.
③ When Mall uses the copyright attributed to the users according to the agreement between them, it shall inform the fact to the users.
Article 23 (Dispute Resolution)
① Mall shall install and run the damage control team to take the good opinion and complaints into account and compensate any damages.
② Mall shall handle the complaints and opinions submitted by the users among others. If the rapid handling is difficult, Mall shall inform the cause of delay and the schedule to the users.
③ When the users want to obtain relief on the disputes from electronic commerce made between Mall and the users, they may follow the award made by the arbitration committed sponsored by mayor and governor.
Article 24 (Jurisdiction and Applicable law)
① If any dispute occurs between Mall and users concerning the electronic commerce, the local court having jurisdiction over the user’s address at the time when the suit is filed or the location of the users where there is no address. But if the users do not have the clear address or location and live in foreign countries, the suit will be filed to the court specified in the Civil Procedure Act.
② The actions filed concerned to the dispute between Mall and users shall be governed and interpreted by the Korean Law.
Snoopby Co., Ltd (hereinafter referred to as “Company”) places high value on the customer’s personal information and complies with the provision of the “Act on the Use and Promotion of Information Network and Protection of Information”.
The Company informs the customers how and in what way the customer’s personal information is used according to the individual information handling policy and what kinds of actions are taken to protect the personal information.
In the event that the Company revises the individual information handling policy; it shall inform the revision to customers through public notice through the bulletin board of the website (or individual notice).
ο This policy shall be effective from Aug. 18, 2008.
■ Items of personal information to be collected
The Company shall gather the following personal information for membership, consultation and request for service.
ο Items of information: name, date of birth, ID for login, password, home telephone no, home address, cell phone no. email address, resident registration no., information on body, history of service use, connection logs, cookies, connection IP information and payment history.
ο How to collect the personal information: website (application for membership and bulletin board for consultation), and request for delivery
■ Purpose of collection and use of personal information
The personal information gathered by the Company is used for the following purposes.
ο Forwarding implementation of the contract performance regarding service provision and settlement of service fees, provision of contents, purchasing and settlements of fees, and delivery of goods
ο Membership management
Verification of identity of members, identification of individuals, handling of complains and service of notices following the membership service
ο Use for marketing and advertisement
Development and specialization of new service (goods), service of advertising information including event, provision of service following demographic features and posting of advertisement, understanding the frequency of connection or statistics on the use of services by members
■ Possession and period of use of personal information
In principle, as soon as the purpose for the collection of personal information is achieved, the applicable information shall be destroyed. If any information is needed to be kept according to the pertinent legal provisions, it shall be kept during the period specified in the related laws.
Items for conservation: service history and settlement records
Ground for conservation: Act on Protection of Consumers in Electronic Commerce
Period of conservation: 5 years
Records on the proceeds payment and supply of goods: 5 years (Act on Protection of Consumers in Electronic Commerce)
■ Procedure and method of disposing personal information
In principle, as soon as the purpose for the collection of personal information is achieved, the information shall be destroyed. Procedure and method of disposing personal information is shown as follows.
ο Procedure for disposition
Information inputted by members for the membership is transferred to the separate database once the purpose is achieved (separate document in case of paper). Then, according to the protection of information pursuant to the internal policies and related laws, it will be stored for a period of time and then disposed. (See the retention and use period for more details.)
Once the personal information is transferred to the separate database, it shall not be used for any purposes other than the originally intended use.
ο How to dispose
- The personal information stored in the form of electronic file shall be deleted in a way that it cannot technically be recovered.
■ Provision of personal information
The Company shall not disclose the personal information of the users to any third parties except the following cases.
- When the users agree in advance; or
- When the information is disclosed according to the pertinent laws or by the request of an investigative agency according to the procedure ad method specified in the laws for investigation purpose.
■ Entrust of the personal information
The Company shall not entrust the customer’s personal information to any third party without the consent of the customers. When there is a need to entrust the information to any outsider, the Company shall provide notice with information on the trustee and work content for entrust to the customers and if necessary, the advance consent shall be obtained.
■ Rights of users and their legal representative and how to exercise
Users and their legal representatives may inquire or correct their information or their children under 14 years of age at any time. They also may request for termination of the membership.
For inquiring and correcting personal information (or member information) of users or children under 14 years old, the users or their representative may inquire, correct or withdraw from the membership once they pass the identity inquiry procedure.
Or if they make contact by a letter, call or send an email to the administrator in charge of personal information, the Company takes measures without any further delay.
If you wish to correct any error in personal information, we would not use the personal information until the correction is completed. In addition, if the uncorrected information has been provided to others, the Company shall take actions to correct them as soon as possible.
On the request of users or legal representatives, the terminated or deleted personal information shall be handled according to the “possession and use period of personal information kept by the Company” and not be used for purposes other than specified purpose.
■ Installation, operation and rejection of automatic information collection system
The Company runs the cookies that are designed to save and find your personal information. The cookies are very small text files that are forwarded by the server which Company uses for operating the Company’s website for the browser and stored in the computer hard disc. The Company runs the cookies for the following purposes.
▶ Purpose of using cookies
- The Company uses the cookies to find out how many and when the members and non-members visit its site and the field they are interested in and track down their traces, and find out the types of event they participate in order to provide them with the tailored services.
You have the right to select the cookie installation. Accordingly, you may allow the cookies by either setting up the option in your web browser or set up the browser in a way that you may inquiry on each of cookies. You may reject the storage of cookies.
▶ How to reject the cookies
Example: For rejecting cookies, you may select the option in your web browser to allow all cookies or let the storage confirmed each time and you may reject the storage of all cookies.
Example of setting method (in case of Internet Explorer)
: On the top of the web browner, go to Tool> Internet option > Personal information.
However, if you reject to install cookies, it may cause the difficulties in providing services.
■ Customer service on personal information
The Company has designated the department and administrator in charge of personal information to protect the customer’s personal information and handle the complaints related to the personal information.
Department in charge of customer service: Customer Service Center
Tel. No.: 1600-2126
Administrator in charge of personal information: Kim Han-Guk
Tel. No.: 1600-2126
You may report all complaints related to your personal information arising while using the service of the Company to the administrator or department in charge of personal information. Then, the Company shall provide you with prompt and full answers.
Visit the following institutions if you wish to report any infringement of personal information or need a consultation.
1. Personal Dispute Reconciliation Committee (www.1336.or.kr/1336)
2. Information Protection Mark Certification Committee (www.eprivacy.or.kr/02-580-0533~4)
3. Internet Crime Investigation Center, Supreme Prosecutors’ Office (http://icic.sppo.go.kr/02-3480-3600)
4. Cyber Terror Response Center, National Police Agency (www.ctrc.go.kr/02-392-0330)