Article 1(Purpose)
The purpose of the following Terms and Conditions of Use('T&C') is
to establish guidelines on rights, duties and responsibilities of
cybermall Users utilizing the internet-related services (hereinafter
referred to as the 'Services') provided by the vivawave co., Itd.
cybermall (hereinafter referred to as the 'Mall') operated by
vivawave co., Itd. (e-commerce company).
*Unless transactions contradict its properties, the following
terms apply to e-commerce transactions utilizing methods of PC
communication, wireless and others.
Article 2 (Definition)
'Mall' refers to a virtual business site established by vivawave
co., Itd. company to trade goods or services (hereinafter referred
to as 'Goods and Services') using computers and information
communication facilities to provide Goods and Services to Users.
The term can also be defined as a company operating a cybermall.
2User' refers to a Member and Non-Member who has accessed
the 'Mall' to use the services provided by the 'Mall' in accordance
with this T&C.
3Member' refers to a User who uses the services provided by the
the ‘Mail’ by subscription
4Non-Member' refers to a User who uses the services provided
by the 'Mall' without subscription.
Article 3 (Display, Explanation and Amendment of Terms and
Conditions of Use)
1The 'Mall' shall, for easy recognition by Users, display the
contents of this T&C, name of company and representative,
business address(including an address handling customer
complaints), phone number, fax number, email address, business
license number, e-commerce permit number, and the name of Mall
personal information manager on the main page of the
Only the content of this T&C can be displayed though a link
page.
2Prior to User's final agreement to this T&C, the 'Mall' shall
provide a separate link or pop-up screen to obtain User's
verification on the terms of cancellation rights, delivery
responsibilities, refund conditions and other important details.
3The 'Mall' may make amendments within the permissible
range without violating applicable laws such as the Act on
Consumer Protection in Electronic Commercej Regulation of
Consumer Protection in Electronic Commercej, TRegulation of
T&CJ, Framework Act on Electronic Commerce and
Electronic Documentj, TElectronic Financial Transaction
Act, TElectronic Signature Act, TAct on Protection of
Information and Promotion of Utilization of Information and
Communications Network, Door-To-Door Sales Act
Framework Act on Consumersj and other related Consumer Protection Laws.
4The 'Mall' shall specify the effective date and the reasons for
amendment of the terms and have post on the initial screen for
7 days prior to effective date until the day before the effective
date.
If the amendment is modified to the User's disadvantage, then
the 'Mall' shall grant at least 30 days of grace period for notice.
In this case, the 'Mall' shall clarify the 'before and after' changes
in an 'easy-to-understand' manner.
5When the 'Mall' makes an amendment to the T&C, the
modified T&C shall be applied only to contracts concluded after
the effective date, whereas all contracts concluded before the
effective date will remain under the provisions of the old T&C.
However, if the User who has already signed the contract wishes
to have the amendments administered, then the User may send
his/her intent to the 'Mall' and acquire consent from the 'Mall'
within the notice period stated in Clause and it shall be
applied accordingly.
6Any information not specified and interpreted in this T&C
shall be in accordance with the e-commerce Transaction
Guidelines and Related Consumer Protection Acts provided by
the Fair Trade Commission and other applicable Consumer
Protection Laws and Regulation of T&C Act.
Article 4 (Provision & Replacement of Service)
1The 'Mall' shall perform the following duties:
1. Provide information regarding Goods and Services and
conclude purchasing contracts.
2. Deliver Goods and Services on purchase contract.
3. Other duties designated by the 'Mall.
2The 'Mall' may replace Goods and Services provided in future
T&C in the event that Goods and Services are sold out or
technical specifications are revised. In this case, the 'Mall' shall
immediately announce the replacement of Goods and Services
and the date of application on the page where present Goods
and Services are displayed.
3In the event that Goods and Services are replaced because of
a change in technical specifications or when Goods and Services
are sold out, the 'Mall' shall immediately notify the cause of
replacement to the addresses of the Users.
4Following the previous Clause, the 'Mall' shall compensate for
all damages caused. However, this shall not apply if the 'Mall'
proves that such event is not caused by its intention or
negligence.
Article 5 (Suspension of Service)
1The 'Mall' may temporarily suspend its services as a result of
the following reasons: maintenance of computers and
telecommunications equipment, replacement or damage
repairs, and interruption of communication.
2The 'Mall' shall compensate User or any Third Party Member
of damages caused by the temporary suspension of services due
to reason(s) detailed in Clause . However, this shall not apply if
the 'Mall' proves that such event is not caused by its intention or
negligence.
3In the case of a conversion of business item, abandonment of
business, merging between businesses and for other various
reasons, the 'Mall' shall notify the consumer as specified in
Article 8 and reward consumer in accordance with the
conditions suggested by the original 'Mall! However, if the 'Mall'
does not advise such standard of 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)
1The User shall apply for Membership by expressing his/her
intent to agree to this T&C after filling out the form designated
by the 'Mall' with Member's personal information.
2The 'Mall' shall register all Users who apply for Membership in
the manner stipulated in Clause unless the User is not
engaged in one of the following issues:
1. After the applicant has lost Membership for reasons indicated
in Article 7 Clause , the applicant may acquire approval to re-
subscribe for Membership three years after the loss of
Membership.
2. Entry of false information or omission in the registration form.
3. If deemed that registering the User would present technical
difficulties to the 'Mall.
3Establishment of Membership becomes effective at the time
that the Member receives the 'Mall's approval of Membership.
4In due course of time, the Member shall update the 'Mall' with
any changes to his/her account information through the
methods of editing personal information.
Article 7 (Withdrawal from Membership & Loss of Eligibility)
1Members of the 'Mall' may request, at any time, to withdraw
from Membership and the 'Mall' shall immediately process the
request.
2The 'Mall' may limit or suspend Membership for the following reasons:
1. Entry of false information or omission in the registration form.
2. If the purchase payment of goods and other 'Mall' usage
related liabilities have not been paid for before the appointed date.
3. If Member interferes with others to use the 'Mall' or threatens
the order of e-commerce (such as the illegal use of personal
information).
4. If Member uses the 'Mall' to act against public order and
morals prohibited by the law and this T&C
3The 'Mall' may forfeit Membership of the Member whose
Membership was suspended or limited, if the same actions are
repeated twice or more, or if the cause is not corrected within 30
days.
4When the 'Mall' forfeits Membership, all information will be
cancelled. Prior to cancellation, the 'Mall' shall notify the
Member and give at least 30 days or more to grant an
opportunity to explain the cause.
Article 8 (Notification to Members)
1Any notifications from the 'Mall' will be sent to the email
address designated in advance by the Member during
registration.
2In the event of sending notifications to unspecified Members,
a display of notifications on the notice board on the website for 1
week or more may replace sending emails. However, the 'Mall'
shall send individual notice to a Member in regards to matters
which may have a significant influence in his/her transaction.
Article 9 (Application for Purchase)
1The User shall apply for purchase in the following or in a
similar manner, and the 'Mall' shall provide the User with the
following information in an 'easy-to-understand' manner to aid
in his/her request for purchase.
1. Search and select Goods and Services
2. Enter name of recipient, address, phone number, email
address (or mobile phone number)
3. Confirm matter(s) in respect to the contents of this T&C,
limited cancellation policies, delivery fees, installation fees, and
others
4. Express agreement to this T&C and confirm or refuse the
above Item 3 (ex. mouse click)
5. Apply and confirm purchase of goods; Agree to allow
confirmation of application from the 'Mall'
6. Select payment method
2In case of an inevitable need (for the 'Mall') to
disclose-consign consumer's personal information to a third
party, the 'Mall' shall obtain consumer's consent at the time of
applying for purchase. This consent is not obtained in advance
at the time of applying for Membership. At this time, the 'Mall'
shall specify to the consumer the provisions of personal
information that are being disclosed, information of the
receiving party, purpose and intent of use and the duration of
retention-use. But, consignment of personal information
according to Clause of Article 25 in the Act on Protection of
Information and Promotion of Utilization of Information and
Communications Network shall comply with relevant laws and
legislations in regards to affairs not mentioned in the Act.
Article 10 (Conclusion of Contract)
1The 'Mall' may not accept request for purchase in Article 9 if it
falls under one of the following items. In the event of concluding
a contract with a minor, the 'Mall' shall notify that the failure to
acquire agreement from a legal representative may cause
cancellation of the contract by the minor him/herself or the legal
representative.
1. Entry of false information or omission in the registration form
2. Purchase of cigarettes and liquor and other Goods and
Services prohibited by the Youth Protection Law
3. If deemed that accepting application for purchase may cause
technical problems to the 'Mall'
2The contract is deemed to be concluded when the
acceptance of the 'Mall' is delivered to the User in the form
stipulated in Clause (of Article 12.
3The acceptance of the 'Mall' shall include confirmation on the
User's request for purchase, availability of sales, and correction
or cancellation of the request for purchase.
Article 11 (Payment Method)
The method of payment for Goods and Services purchased
through the 'Mall' may be selected from the following items. The
'Mall' may not collect any additional fees regarding payment for
Goods and Services.
1. Account transfer through phone banking, internet banking,
mail banking and others.
2. Card payment through prepaid card, debit card, credit card,
and others.
3. Online bank transfer
4. Electronic money
5. Payment upon receipt
6. Mileage points or points offered by the 'Mall'
7. Gift voucher contracted or approved by the 'Mall'
8. Other means of electronic payment
Article 12 (Notice of Receipt, Change and Cancellation of
Application for Purchase)
1The 'Mall' shall send a notice of receipt to the User after
receiving the User's application for purchase.
2In the case of a discord between the User's intent and the
received notice, the User may change or cancel the application
for purchase immediately after receipt. If the request for change
or cancellation is made prior to delivery, the 'Mall' shall process
the request accordingly without any delay. In the event that
payment has already been made, User shall follow the guidelines
detailed in Article 15-Cancellation of Purchase.
Article 13 (Provision of Goods and Services)
1Unless otherwise specified, the 'Mall' shall take necessary
measures such as customizing production and packaging and
deliver Goods and Services within 7 days from the date of
purchase. However, if the 'Mall' has already received payment in
whole or in part, then delivery shall be processed within 3
business days from the date of receipt. In such instances, the
‘Mall’ shall take necessary measures to inform the User on
procedures of provision and delivery status of Goods and
Services.
2The 'Mall' shall specify delivery method, payer, and delivery
time for each delivery method for the Goods and Services
purchased by the User. In the event that the 'Mall' exceeds the
designated period of delivery, it shall compensate the User for
damages. However, this shall not apply if the 'Mall' proves that
such event is not caused by its intention or negligence.
Article 14 (Refund)
In the event that the Goods and Services are sold-out or
unavailable and cannot be provided or delivered to a User who
applied for purchase, the 'Mall' shall notify the User without any
delay, and if payment for Goods and Services has already been
made in advance, the 'Mall' shall take necessary measures or
refund payment within 3 business days from the date of receipt.
Article 15 (Cancellation of Purchase)
1The User who purchased Goods and Services by concluding
the contract with the 'Mall' in accordance to Clause 2of Article
13 in the Acts on Consumer Protection in Electronic
Commerce may cancel purchase within 7 days from the date
on which the User received a written contract (if the written
contract is received later than the supply of Goods and Services,
then the receipt date is set on the date when User received the
Goods and Services or when Goods and Services have been
supplied). But, cancellation d of purchase according to Acts on
Consumer Protection in Electronic Commerce shall comply
with relevant laws and legislations in regards to affairs not
mentioned in the Acts.
2The User may not return or exchange Goods and Services in
the event of one of the following reasons:
1. Delivered Goods lost or damaged at the fault of the User
(however, cancellation of purchase may be acceptable if
packaging was damaged in the process of checking content)
2. Significant decrease in value of Goods and Services due to
partial use or consumption by the User
3. Not available for resale due to a significant decrease in value
of Goods and Services from lapse of time
4. The Goods may be replaced by Goods showing the same
performance, but packaging of the original is damaged
3In the case of items 2 or 4 of Article 2 Clause 2, the
cancellation of purchase by User will not be limited if the 'Mall'
failed to clearly specify the fact that cancellation of purchase is
limited or that it would take necessary measures to provide the
Goods
4Despite Clause and 2, the User may cancel his/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/she
recognized or could have recognized that Goods and Services
differ from the advertisement or the provision of contract.
Article 16 (Effect of Cancellation of Purchase)
1In the event of a return of Goods from a User, the 'Mall' shall
refund payment of Goods within 3 business days. In the event of
a delay in refund, the 'Mall' shall pay User with the interest
calculated by the number of days delayed with the overdue
interest rate indicated on the Act on Consumer Protection in
Electronic Commerce
2In regards to the above-mentioned case, if the User made
payment of Goods with credit card or electronic money, the
'Mall' shall immediately request the business who provided such
payment method to suspend or cancel payment.
3In the event of any cancellation of purchase, the User shall
bear the costs arising from returning the Goods. On the account
of the User's cancellation of purchase, the 'Mall' shall not claim
charge for cancellation or compensation for damage. However, in
the event of a cancellation of purchase caused by a discord in
the contents of Goods and the advertisement or the provision of
contract, the 'Mall' shall bear the costs of returning the Goods.
4If the User bore the delivery fees when he/she received the
Goods, the 'Mall' shall specify and make noticeable as to who
would bear the delivery fees upon cancellation of purchase.
Article 17 (Protection of Personal Information)
1The 'Mall' collects a minimum amount of information
necessary to provide the services.
2At the time of applying for Membership, the 'Mall' shall not
collect information needed for the performance of purchase
contract in advance. But, in the case where personal
identification is required before the performance of a purchase
contract, a minimum amount of specified personal information
is collected for the fulfillment of obligation in regards to
relevant laws and legislation.
3The Mall' shall obtain consent from User to collect-use
personal information by notifying User with the aim/purpose of
collection-use.
4The 'Mall' shall not use the personal information outside their
intended purpose. In the event of an uprising of a new use or
when disclosing to third parties, the 'Mall' shall notify the
purpose of use and obtain consent from User during the stage of
use disclosure. But, there are exceptions for cases regulated in
the relevant laws and legislations.
5In the event that the 'Mall' is required to acquire the approval
of User by Clause 2 and 3, the 'Mall' shall specify its personal
information manager (affiliation, name, phone number, other
contact information), purpose of collection and use of
information, information about Third Party (recipient, purpose of
provision and the information to be provided), and the provisions
stipulated in Clause @of Article 22 of the Act on Protection of
Information and Promotion of Utilization of Information and
Communications Network .The User may at any time cancel his/her approval.
6User may, at any time, request for confirmation and correction
of error in their personal information possessed by the 'Mall,
and 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 error is corrected.
7For protection of personal information, the 'Mall' shall limit
the number of persons handling personal information to a
minimum, and shall be responsible for any damages caused by
loss, theft, leakage, falsification, and disclosure of personal
information including credit card and bank account information
to third parties without consent of the User.
8The 'Mall' or any Third Parties who received personal
information from the 'Mall,' shall without any delay destroy all
personal information once the purpose of collection has been
achieved.
9The 'Mall' shall not have the agreement form regarding the
collection-use-disclosure of personal information set to be filled
out in advance. The 'Mall' must specify services that will be
restricted if User does not agree to the
collection-use-disclosure of personal information, and the 'Mall'
shall not limit services or refuse to accept Membership
applications on the basis of User's refusal to agree to
collecting-using-disclosing of personal
information that do not include the collection of compulsory information.
Article 18 (Obligations of the 'Mall')
1The 'Mall' shall not take any actions against public policy or
actions restricted by the law and this T&C. The 'Mall' shall put its
best efforts in providing Goods and Services on a stable basis in
accordance with the provisions in this T&C.
2The 'Mall' shall be equipped with a security system to protect
personal information of Users (including credit information) and
provide a safe environment for Users to use the online services.
3In accordance with Article 3 of the Law related to Fairness
of Display and Advertisement, the 'Mall' shall be responsible
to compensate User(s) if damages were caused by displaying or
adding unjust or unreasonable advertisement for certain Goods
and Services
achieved.
4The 'Mall' shall not send any profit-making emails which are
not wanted by Users.
Article 19 (Obligations for ID & Password of Member)
1Member shall be responsible for the management of his/her
ID and password, except for the case in Article 17.
2Member shall not allow any Third Party to use his/her ID and
password.
3When a Member recognizes that his/her ID and/or password is
stolen or is being used by a Third Party, the Member shall
immediately notify the 'Mall, and follow the instructions of the
‘Mal’
Article 20 (Obligations of User)
Users shall avoid the following actions:
1. Register false information at the time application or revision of
information
2. Use others' personal information
3. Change information displayed on the 'Mall'
4. Remit or display information (computer program and others)
other than the information put on b the 'Mall'
5. Infringe copyright or intellectual property rights
of the 'Mall' or the Third Party
6. Take any action that harms the reputation and interrupts the
operation of the 'Mall' or a Third Party
7. Disclose or display any information containing indecent or
violent message, video, voice, and other information going
against good public order and morals.
Article 21 (Relationship between Linking Mall & Linked Mall)
1In the event that the main mall and the sub-mall are linked
with a hyperlink (ex. 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).
2If the Linking Mall specifies and notifies the fact that it is not
responsible for any transaction with the User for any Goods and
Services independently provided by the Linked Mall on the initial
page of the website of the Linking Mall or a pop-up window, then
the Linking Mall is not responsible for such transaction.
Article 22 (Copyright & Limitation of Use)
1The copyright and other intellectual property rights for the
works produced by the 'Mall' shall belong to the 'Mall.
2The User may not use or cause any Third Party to use
information with intellectual property rights belonging to the
'Mall' for reproduction, transmission, publishing, distribution,
broadcasting or other profit-making use without prior consent of
the 'Mall.
3The 'Mall' shall notify the User when using the copyright
belonging to the applicable User in accordance with mutual T&C.
Article 23 (Resolution of Dispute)
1The 'Mall' shall apply and reflect the opinion or complaint
made by User(s), and install and operate a process for
compensation of consumers' damages.
2The 'Mall' shall give priority to any opinion or complaint made
by User(s). However, in the event that it may not be able to
promptly deal with the matter, the 'Mall' shall notify the User
with the cause and the final settlement schedule.
3When a User files for Remedy of Damage regarding a dispute
between the 'Mall' and the User, the matter may be
commissioned for arbitration by the Fair Trade Commission or a
Dispute Conciliation Services Organization selected by the City
Mayor.
Article 24 (Jurisdiction &Governing Law)
1All e-commerce related lawsuits between the 'Mall' and a
User shall be in accordance with the address of the User at the
time of indictment. If an address is nonexistent, then the lawsuit
shall fall under exclusive jurisdiction of the district court in the
vicinity of User's place of residence. In the event that the
address or residence of the User is not clear at the time of
indictment or if User is a foreign resident, the lawsuit shall be
filed to the competent court on the Civil Procedures Code.
2Any and all e-commerce-related lawsuits between the 'Mall'
and a User shall be governed by the law of the Republic of Korea.
