Service Terms and Conditions
ROAPACIFIC Corporation highly values personal information.
Article 1 (Purpose)
The purpose of this terms and conditions is to clarify rights, obligations, and responsibilities of users and cyber-mall when using Internet-related service (hereinafter referred to as “Service”) provided by ROAPACIFIC Corporation Cyber Mall (hereinafter referred to as “Mall”) operated by ROAPACIFIC Corporation (electronic commercial transaction business holder).
※「These Terms and Conditions for e-commerce using PC communication, wireless, etc., as long will be complied as they are not against its nature.」
Article 2 (Definitions)
① “Mall” is referred to as a virtual business place set up by ROAPACIFIC Corporation to provide goods or services (hereinafter referred to as “Goods, etc.”) to users by using information and communication facilities such as computers to trade goods as well as a means of operating a cyber-mall.
② “User” indicates a member or non-member who have an access to the mall while receiving services provided by the mall based on these Terms and Conditions.
③ “Member” indicates a person registered as a member in the “mall” while continuously using the services provided by the mall.
④ “Non-member” indicates a person not joining as a member but uses a service provided by the mall.
Article 3 (Specification, Explanation and Amendment of the Terms and Conditions etc.)
① “Mall” is posting the contents of these terms and conditions, company name and representative name, location of business and address (including the address of place to deal with complaints from customers), telephone number, FAX number, email address, business registration number, communication sales report number, and a charging person of protection for personal information on the first service screen (front screen) of ROAPACIFIC Corporation cyber-mall so that users are able to easily see them. However, contents of terms and conditions shall only be available on the connected screen.
② The “Mall” shall provide a separate connected screen or pop-up screen so that the users are able to understand important contents including withdrawal of the subscription, responsibility of the delivery, refund condition, etc. before agreeing to the terms and conditions.
③ “Mall” is eligible to amend these terms to the extent for not violating the laws concerning consumer protection in e-commerce, such as the [Act on the Regulation of Terms and Conditions], [Framework Act on Electronic Documents and Electronic Transactions], [Electronic Signature Act], [Act on the Promotion of Information and Communications Network Utilization], [Act on the Promotion of Visit Sales], and [Consumer Act].
④ If “mall” amends the terms and conditions, modified contents shall be notified on the initial screen of the mall from 7 days before the application date to the application date by specifying the relevant date and the reason for the revision. However, if the contents of the agreement are changed to the disadvantage of the user, the notice shall be made after a grace period of at least 30 days. In this case, “Mall” will clearly compare the revised contents with the original contents to make them easier for users to understand.
⑤ If “mall” amends the terms and conditions, modified terms and conditions shall apply only to contracts entered into after the application date. At the same time, original terms and provisions shall apply to contracts that were already concluded before that date. However, if a user who has already signed a contract sends a message indicating an intention to be applied with the amendment clause to the “mall” within the notice period of the amended agreement under paragraph 3, the amended agreement clause shall apply.
⑥ What is not determined in this agreement and the interpretation of these terms and conditions shall be followed according to the Consumer Protection Guidelines in Electronic Commerce, Regulations for Regulation of Terms and Conditions, and the [Guidelines for Consumer Protection in Electronic Commerce, etc] provided by the Fair Trade Commission, and the related statutes or business association.
Article 4 (Providing and Changing Services)
①””Mall” shall perform the following tasks.
1. Provide information about goods or services and conclude purchase agreement
2. Deliver goods or services contracted for purchase
3. Other tasks determined by the “mall”
② “Mall” is eligible to change the contents of a good or service to be provided under the contract to be concluded in the future including the event of a product or service being sold out of stock or changes in technical specifications. In this case, the contents of the current goods or services are immediately notified to the place where they were posted, specifying the changed goods or services and the delivery date.
③ If the contents of the service contracted with the user by “Mall” are changed for reasons such as out of stock, or changes in technical specifications, the relevant reason shall be notified to the user by an address that can be notified.
④ In the case of the previous paragraph, “Mall” shall indemnify the user for damages caused by such loss. However, this is not the case if it is “mall” is proved not to be intentional or to be faultless.
Article 5 (Discontinuation of Service)
① “Mall” is eligible to temporarily suspend the provision of services in the event of maintenance, inspection, replacement, failure, and interruption of communication of information and communication facilities.
② “Mall” shall indemnify the users or third parties for damages caused by the temporary suspension of the service for the reasons given in paragraph 1. However, this is not the case if “mall” is proved not to be intentional or to be faultless.
③In the event that the service cannot be provided due to the conversion of business items, abandonment of business or integration among businesses, “mall” shall notify the users by the method prescribed in Article 8 and compensate the consumers according to the conditions originally set forth in “mall.”
Article 6 (Registration of Members)
① The user applies for membership by entering personal information according to the “mall” approved subscription form by indicating the intention to agree with these terms and conditions.
② “Mall” shall register a user as a member among those who have applied as a member as shown in paragraph 1 unless the following paragraph.
1. In the event that the applicant has previously lost his or her membership in accordance with Article 7 paragraph 3 of this Agreement, except if he or she has obtained the approval of the membership of “Mall” in three years after the loss of his or her membership under Article 7 paragraph 3.
2. In case there is a false report, omission, or mistake of the entry,
3. If registering as a member is deemed to have a significant technical impediment to the” mall”.
③The timing of the three member purchase agreement shall be when the consent of the “mall” has been reached to the member.
④ If there is a change in the registered items when a member is registered, the member shall notify the change to the “mall” within a considerable period of time by modifying the member information, etc.
Article 7 (Withdrawal from Membership or Disqualifications, etc.)
①A member is eligible to request withdrawal at any time from the “Mall.” At this time, the “Mall” shall immediately handle withdrawal of the membership.
② If a member is relevant to one of the following reasons, the “Mall” is eligible to restrict and suspend membership.
1. If false information is registered at the time of signing up
2. In case that a member does not pay the member’s obligation in connection with the payment of goods or other “malls” purchased using “malls” on the due date;
3. Threatening the order of e-commerce, such as obstructing others'”mall” or stealing the information;
4. In case the laws or these terms and conditions are prohibited or contrary to the volume of the notice by means of a “mall.”
③ If a “mall” limits or suspends a membership, followed by how the same act is repeated more than twice or the reason is not corrected within 30 days, the “mall” may lose the membership.
④ In the event that a “mall” disqualifies a member from its membership, the member registration is canceled. In this case, the member shall be notified and the member shall be given the opportunity to restore his/her membership at least 30 days from the last effective date of membership.
Article 8 (Notifications to Members)
① If “mall” gives notice to a member, the member can make an agreement with “mall” in advance to the designated e-mail address.
② “Mall” is eligible to replace individual notification by posting on the “Mall” board for a week or more in the event of notification to an unspecified number of members. However, the members shall be notified individually of any significant impact related to their own transactions.
Article 9 (Application for Purchase)
① A “Mall” user shall apply for purchase in the “Mall” category by the following or similar means, and “Mall” shall provide the following information for the user to apply for purchase:
1. Searching for and selecting goods, etc.
2. Enter recipient’s name, address, telephone number, e-mail address (or mobile phone number)
3. Check the details of the terms and conditions, the service where the right to withdraw the subscription is restricted, and the cost of shipping and installation expenses.
4. An indication of agreeing to this Agreement and confirming or rejecting any of the above in the paragraph 3. (e.g. clicking on a mouse)
5. Appointment for purchase of goods, etc. and confirmation of them or consent to confirmation of “mall”
6. Selecting payment method
② When it is necessary for the “Mall” to provide and entrust the buyer’s personal information to a third party, the purchaser’s consent shall be obtained when applying for the actual purchase. At this time, no comprehensive consent is given for the membership in advance. The “mall” shall state to the purchaser the personal information items provided, the purpose of the recipient’s personal use, the retention, and the container. However, in case of consignment of personal information processing pursuant to Article 25 paragraph 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, the related statutes shall apply.
Article 10 (the formation of a contract)
① “Mall” is eligible not to accept a purchase application as provided under the following footnote. However, in the event that a contract is concluded with a minor, it shall be notified that the minor capital or the legal representative may cancel the contract if he or she fails to obtain consent from the legal
1. In case of false information, misprints, and errors in the application.
2. In case a minor purchases goods and services prohibited by the Juvenile Protection Act, such as tobacco and alcohol;
3. In case the acceptance of other purchase applications is deemed to be a significant technical setback;
② The agreement shall be deemed to have been made when the approval of the “Mall” reaches the user in the form of a notification of receiving confirmation under Article 12 paragraph 1.
③ The indication of the “Mall” for approval shall include information about the user’s purchase application and availability of the purchase application and the cancellation of the purchase application.
Article 11 (Method of payment)
Payment for goods or services purchased at “Mall” can be made in any of the following available means. However, the “Mall” is not eligible to collect commissions in addition to any nominal fee for the payment of the user’s payment method, such as goods.
1. Transferring various accounts such as phone banking, internet banking, mail banking, etc.
2. Payment of prepaid card, debit card, credit card, etc.
3. Online passbook deposit
4. Payment by e-money
5. Payment on receipt
6. Payment based on points paid by “mall” such as mileage
7 Payment by Gift Certificate signed with Mole or recognized by Mole
8. Payment by other electronic payment methods, etc.
Article 12 (Receiving Confirmation Notice, Changing and Canceling Applications for purchase)
① The “Mall” shall notify the user of the receipt confirmation when the user requests the purchase.
②A user who receives confirmation notification is eligible to request to change or cancel a purchase application immediately after receiving confirmation notification if there is a discrepancy in his/her message. If there is a request from the user before delivery, the “Mall” shall immediately process them according to the request. However, if payment has already been made, it shall comply with the provisions concerning withdrawal of subscription, etc. of the Article 15.
Article 13 (Supply of Goods, etc.)
① The “Mall” shall take other necessary measures such as order making, packaging, etc. so that the goods can be delivered within seven days of the user’s subscription, unless there is a separate agreement with the user regarding the timing of supply of the goods. However, if the “Mall” has already received all or part of the payment for the goods or other goods, the action shall be taken within three working days from the date of receipt of all or part of the payment. In this case, appropriate measures are taken to ensure that the user is able to check the supply procedure and progress of the goods.
The “Mall” shall specify the delivery method, the delivery cost by unit, and the delivery period by person, for the goods purchased by the user. However, in the event that the “Mall” is late beyond the agreed delivery period, the user shall be indemnified for damages resulting from it. However, this is not the case if the “Mall” is proved not to be intentional or to be faultless.
Article 14 (refundable)
The “Mall” shall promptly notify the user of the reasons for the delivery or provision of the goods requested for purchase or other reasons, and take the necessary action for the refund within three working days from the date of receipt of the payment or in case the user receives payment for the goods in advance.
Article 15 (Withdrawal from Subscription etc.)
①A user who enters into a contract with the “Mall” on the purchase of goods or other goods is eligible to withdraw his/her subscription within seven days from the date on which he/she receives a written letter concerning the contents of the contract pursuant to Article 13 paragraph 2 of the Consumer Protection Act on e-Commerce (which refers to the date on which the supply of goods, etc. was started, if the supply of the goods was later than the date of the letter received). However, if the Act on the Protection of Consumers in Electronic Commerce has otherwise provided for withdrawal of subscription, it shall comply with the same regulations.
②Users is not eligible to return or exchange goods if they have been delivered with the product or other goods in 1 of the following paragraphs.
1. In case that goods or goods are lost or damaged for a reason responsible to the user;
2. In case that the value of goods or goods has decreased significantly due to the user’s use or some consumption;
3. In case that the value of goods or other goods has decreased significantly to the point where resale is difficult over time;
4. In case that a product with the same performance can be duplicated, the packaging of the original product or other goods has been damaged;
③ In the case of Paragraphs 2-2 and 4, the users’ withdrawal of subscription is not restricted unless they have made clear that the “Mall” is restricted in advance, or provided with a trial product.
④In the event that the contents of a product or other goods are different from the contents of the advertisement or executed differently from the contents of the contract, the user may withdraw the subscription within 30 days from the date of receipt of the product, the date of knowledge of it, or the date of knowledge.
Article 16 (Effect of Withdrawal of Applications, etc.)
①The “Mall” shall refund the amount of goods already paid within five working days upon receiving the goods from the user. In this case, if the “Mall” delays the refund of goods to the user, the delay interest shall be paid by multiplying the delay interest rate determined in Article 21.2 of the [Enforcement Decree of the Consumer Protection Act on e-Commerce].
② The “Mall” shall request the service provider that the payment method is provided as above without delay to stop or cancel the claim for the goods or other charges when the user makes payment by credit card or electronic money.
③In the event of cancellation of a subscription, the user shall pay for the return of the supplies, etc. The “Mall” does not impose penalty or damages from users for withdrawing their applications. However, in the event that the contents of the goods are different from the ones of the advertisement, or if the contents of the contract are fulfilled, the cost required for the return of the goods shall be paid by the “Mall”.
④If the user pays shipping costs when receiving the goods, the “Mall” clearly indicates to the user who pays for the withdrawal of the subscription.
Article 17 (Privacy Protection)
① The “Mall” collects the minimum amount of personal information necessary for the service provision when collecting the users’ personal information.
② The “Mall” does not collect information necessary to fulfill purchase contracts in advance when a member is registered. However, this is not the case when the purchase contract needs to be confirmed prior to the transfer of the purchase contract in order to fulfill the obligation under the relevant statutes.
③ The “Mall” shall notify the users of the purpose of collecting and using the users’ personal information and obtain consent.
④The “Mall” shall not use the collected personal information for purposes other than its intended purpose. In the event of a new purpose, or in the event of a third party, the users shall be notified and agreed upon during the use/supplication stage. Exceptions are made when there is a different provision in the relevant statutes.
⑤ If the “Mall” is required to have consent from users under paragraphs 3 and 4, the person in charge of protecting personal information (organization/department, name and phone number, other contact), the identity of the person in charge of personal information protection, the purpose of collecting and using information, and matters related to the provision of information to third parties (the purpose of the information to be provided, and the contents of the information to be provided) or other information indicated in the Article 22, paragraph 2, shall be expressed or notified to withdraw their consent at any time.
⑥Users are eligible to request access and error correction of their personal information possessed by the “Mall” at any time, and the “Mall” is obliged to take the necessary action without delay. If the user requests correction of the error, the “Mall” does not use the personal information until the error is corrected.
⑦ The “Mall” shall limit those who process a user’s personal information for the protection of personal information to a minimum and shall be fully responsible for damages caused by the loss, theft, leakage, unauthorized third-party provision, and tampering of the user’s personal information, including credit cards, bank accounts, or etc.
⑧ The “Mall” or a third party that has received personal information from them shall destroy it without delay when it has achieved the purpose of collecting or receiving personal information.
⑨ The “Mall” does not set the consent column for the collection, use, or provision of personal information to be pre-selected. In addition, the company shall specify the limited services when users refuse to accept personal information, and shall not restrict or reject the provision of services, such as membership registration, on the grounds that the users refuse to collect, use, or provide personal information other than the required items.
Article 18 (Obligations of the Mall)
① The “Mall” shall do their best to provide the goods service continuously and reliably, as provided under these terms and conditions, without prohibiting or against the volume of the written notice.
② The “Mall” shall have a security system for protecting the users’ personal information (including credit information) so that they can safely access the Internet service.
③ In the event that the “Mall” damages a user by engaging in an unfair advertising campaign as specified in Article 3 of the Act on the Fairness of Indicators and Advertisements, the “Mall” shall be held liable for compensation.
④ The “Mall” does not send advertising e-mail intended for profit that users do not want.
Article 19 (Responsibility for the Member’s ID and Password)
① Except in the case of Article 17, the members shall be responsible for the management of IDs and passwords.
②Members shall not allow third parties to use their IDs and passwords.
③ If the members realize that their IDs and passwords have been stolen or used by a third party, they shall notify the “Mall” immediately and follow the instructions provided by the “Mall.”
Article 20 (User Obligation) Users shall not do the following:
1. Registration of false information upon application or modification
2. The theft of information from others
3. Changes to information posted on the “Mall”
4. Send or post information (such as a computer program) other than the information determined by the “Mall”
5. Violation of intellectual property rights, such as the “Mall” or other third parties’ copyrights
6. Damage the reputation of the “Mall” or third parties or hindering the work
7. Disclosing or posting information on the “Mall” that goes against the amount of obscene or violent messages, video, voice or other forms of public notice;
Article 21 (Relationship between the Connecting and the Connected Mall)
①If the primary “Mall” and the secondary “Mall” are connected in hyperlinks (e.g., the target of the hyperlink includes letters, pictures, and assimilation), the former is referred to as the connecting “Mall” (website) and the latter is referred to as the connected “Mall” (website).
②Connecting “Mall” shall not be responsible for the transactions performed with users by the connected “Mall” independently provided by the connecting “Mall”, if specified by the initial screen of the connecting “Mall” or by the pop-up screen at the time of connection.
Article 22 (Restrictions on the Attribution and Use of Copyrights)
① Copyright and other intellectual property rights for works written by the “Mall” belong to the “Mall”.
②The users shall not reproduce, transmit, publish, distribute, broadcast, or otherwise use the information obtained by using “mall” with intellectual property rights to the “Mall” for profit-making or third parties without prior consent from the “Mall.”
③ The “Mall” shall notify the user of the use of copyrights attributable to the user in accordance with the agreement.
Article 23 (Resolving Disputes)
① The “Mall” shall install and operate a damage compensation processing center to reflect legitimate opinions or complaints raised by users and to compensate for damages.
②The “Mall” deals with complaints and opinions submitted by the user first. However, if it is difficult to expedite the process, the users will be notified immediately of the reason and the processing schedule.
③ In the event of a user filing for damages in connection with an e-commerce dispute between the “Mall” and the user, it may be subject to arbitration by the Fair Trade Commission or the municipal or provincial governor.
Article 24 (Trial Rights and Governance Law)
① A case concerning an e-commerce dispute between the “Mall” and the user shall be filed under the user’s address at the time of the complaint. In case of no address, they are subject to exclusive jurisdiction of the local court in charge of the residence. However, if the user’s address or residence at the time of the complaint is not clear, or in the case of a foreign resident, it shall be filed with the competent court under the Civil Procedure Act.
②Laws in Korea apply to e-commerce lawsuits filed between the “Mall” and users.
These Terms and Conditions will be effective January 1, 2019.