Terms of Use
Article 1. Purpose
Standard Terms and Conditions No. 10023
These Terms of Use are intended to define the rights, obligations, and responsibilities of the cyber mall and users in connection with the use of internet-related services (hereinafter referred to as the “Services”) provided by the ARCOOKIE Mall cyber mall (hereinafter referred to as the “Mall”) operated by ICF Company (an electronic commerce business operator).
※ These Terms shall also apply mutatis mutandis to electronic transactions using PC communications or similar means, unless such application is contrary to their nature.
Article 2. Definitions
- “Mall” means a virtual business place established by ICF Company using information and communications facilities such as computers to provide goods or services to users and to enable transactions of goods or services. The term also refers to the business operator that operates the cyber mall.
- “User” means both members and non-members who access the Mall and receive the Services provided by the Mall in accordance with these Terms.
- “Member” means a person who has registered as a member by providing personal information to the Mall, continuously receives information from the Mall, and may continuously use the Services provided by the Mall.
- “Non-member” means a person who uses the Services provided by the Mall without registering as a member.
Article 3. Disclosure, Explanation, and Amendment of Terms
- The Mall shall post the contents of these Terms, company name, name of representative, business address including the address where consumer complaints may be handled, telephone number, facsimile number, email address, business registration number, mail-order business registration number, and personal information protection officer on the initial service screen of the Mall so that users can easily see them. However, the contents of these Terms may be made available through a linked screen.
- Before a user agrees to these Terms, the Mall shall provide a separate linked screen or pop-up screen to help the user understand important matters set forth in these Terms, such as withdrawal of subscription, delivery responsibility, and refund conditions, and shall obtain the user’s confirmation.
- The Mall may amend these Terms to the extent that such amendment does not violate applicable laws, including the Act on the Consumer Protection in Electronic Commerce, Etc., the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Transactions, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Door-to-Door Sales Act, and the Consumer Protection Act.
- If the Mall amends these Terms, the Mall shall specify the effective date and reason for amendment and notify users by posting the amended Terms together with the current Terms on the initial screen of the Mall from seven (7) days before the effective date until the day immediately preceding the effective date. However, if the amendment is unfavorable to users, the Mall shall provide at least thirty (30) days’ prior notice. In such case, the Mall shall clearly compare the contents before and after amendment in a manner that is easy for users to understand.
- If the Mall amends these Terms, the amended Terms shall apply only to contracts concluded on or after the effective date of the amendment, and the previous Terms shall continue to apply to contracts already concluded before the amendment. However, if a user who has already entered into a contract expresses an intention to apply the amended Terms within the notice period under Paragraph 3 and obtains the consent of the Mall, the amended Terms shall apply.
- Matters not specified in these Terms and the interpretation of these Terms shall be governed by the Act on the Consumer Protection in Electronic Commerce, Etc., the Act on the Regulation of Terms and Conditions, the consumer protection guidelines for electronic commerce prescribed by the Fair Trade Commission, applicable laws and regulations, and commercial practices.
Article 4. Provision and Change of Services
- The Mall shall perform the following services:
- Provision of information on goods or services and conclusion of purchase contracts;
- Delivery of goods or services for which purchase contracts have been concluded; and
- Other services determined by the Mall.
- If goods or services are out of stock or technical specifications change, the Mall may change the contents of goods or services to be provided under future contracts. In such case, the Mall shall immediately notify users of the changed contents of the goods or services and the date of provision at the place where the current contents of the goods or services are posted.
- If the Mall changes the contents of a service that it agreed to provide to a user due to reasons such as goods being out of stock or changes in technical specifications, the Mall shall immediately notify the user of the reason at an address where notification is possible.
- In the case of the preceding paragraph, the Mall shall compensate the user for any damages suffered thereby. However, this shall not apply if the Mall proves that it acted without intent or negligence.
Article 5. Suspension of Services
- The Mall may temporarily suspend provision of the Services in the event of maintenance, inspection, replacement, or failure of information and communications facilities such as computers, interruption of communications, or similar causes.
- The Mall shall compensate users or third parties for damages incurred due to temporary suspension of the Services for the reasons set forth in Paragraph 1. However, this shall not apply if the Mall proves that it acted without intent or negligence.
- If the Mall becomes unable to provide the Services due to conversion of business type, abandonment of business, merger between companies, or similar reasons, the Mall shall notify users in the manner set forth in Article 8 and compensate consumers according to the conditions originally presented by the Mall. However, if the Mall has not notified users of compensation standards, mileage or points of users shall be paid to users in kind or in cash corresponding to the currency value used in the Mall.
Article 6. Membership Registration
- A user may apply for membership by entering member information according to the registration form prescribed by the Mall and expressing consent to these Terms.
- The Mall shall register as members users who apply for membership as set forth in Paragraph 1, unless any of the following applies:
- The applicant has previously lost membership under Article 7, Paragraph 3 of these Terms. However, this shall not apply if three (3) years have passed since the loss of membership under Article 7, Paragraph 3 and the applicant has obtained approval from the Mall for re-registration;
- The registration details contain false information, omissions, or errors; or
- The Mall determines that registering the applicant as a member would cause significant technical difficulties for the Mall.
- The membership agreement shall be deemed concluded when the acceptance of the Mall reaches the member.
- If there is any change in the registration details under Article 15, Paragraph 1, the member shall immediately notify the Mall of such change by email or other means.
Article 7. Withdrawal from Membership and Loss of Membership Status
- A member may request withdrawal from membership at any time, and the Mall shall immediately process the withdrawal.
- If a member falls under any of the following, the Mall may restrict or suspend the member’s membership status:
- The member registered false information at the time of application;
- The member fails to pay, by the due date, the price of goods purchased through the Mall or other obligations borne by the member in connection with use of the Mall;
- The member interferes with another person’s use of the Mall or misappropriates another person’s information, thereby threatening the order of electronic commerce;
- The member uses the Mall to engage in acts prohibited by laws or these Terms, or acts contrary to public order and morals.
- If the same act is repeated two (2) or more times after the Mall restricts or suspends membership status, or if the cause is not corrected within thirty (30) days, the Mall may revoke the member’s membership status.
- If the Mall revokes membership status, the Mall shall cancel the membership registration. In such case, the Mall shall notify the member and provide the member with an opportunity to explain by setting a period of at least thirty (30) days before cancellation of membership registration.
Article 8. Notice to Members
- When the Mall gives notice to a member, it may do so by email to the email address previously agreed upon and designated by the member with the Mall.
- In the case of notice to an unspecified number of members, the Mall may substitute individual notice by posting the notice on the Mall bulletin board for at least one (1) week. However, matters that have a material impact on a transaction of a specific member shall be individually notified.
Article 9. Purchase Application
Users of the Mall may apply for purchase on the Mall by the following or similar methods, and the Mall shall provide each of the following in an easy-to-understand manner when the user applies for purchase. However, in the case of members, Items 2 through 4 may be excluded.
- Search and selection of goods or services;
- Entry of name, address, telephone number, email address or mobile phone number;
- Confirmation of the contents of these Terms, services for which the right of withdrawal is restricted, and matters related to costs such as delivery fees and installation fees;
- Indication of agreement to these Terms and confirmation or rejection of the matters in Item 3, for example by mouse click;
- Purchase application for goods or services and confirmation thereof, or consent to confirmation by the Mall; and
- Selection of payment method.
Article 10. Formation of Contract
- The Mall may refuse to accept a purchase application under Article 9 if any of the following applies. However, when entering into a contract with a minor, the Mall shall notify that the minor or the legal representative may cancel the contract if consent of the legal representative is not obtained.
- The application contains false information, omissions, or errors;
- A minor purchases goods or services prohibited under the Youth Protection Act, such as tobacco or alcoholic beverages; or
- The Mall determines that accepting the purchase application would cause significant technical difficulties for the Mall.
- A contract shall be deemed concluded when the acceptance of the Mall reaches the user in the form of the receipt confirmation notice under Article 12, Paragraph 1.
- The Mall’s expression of acceptance shall include confirmation of the user’s purchase application, availability for sale, and information on correction or cancellation of the purchase application.
Article 11. Payment Methods
Payment for goods or services purchased from the Mall may be made using any of the following available methods. However, the Mall may not collect any additional fee, under any name, for the user’s chosen payment method.
- Various account transfers such as phone banking, internet banking, and mail banking;
- Various card payments such as prepaid cards, debit cards, and credit cards;
- Online bank transfer without bankbook;
- Payment by electronic money;
- Payment upon receipt;
- Payment using points such as mileage granted by the Mall;
- Payment using gift certificates under contract with or recognized by the Mall; and
- Other electronic payment methods.
Article 12. Receipt Confirmation Notice, Change, and Cancellation of Purchase Application
- When a user submits a purchase application, the Mall shall send the user a receipt confirmation notice.
- If the user who receives the receipt confirmation notice finds any discrepancy in expression of intent or similar issue, the user may request change or cancellation of the purchase application immediately after receiving the receipt confirmation notice. If the user makes such request before delivery, the Mall shall process the request without delay. However, if payment has already been made, the provisions on withdrawal of subscription under Article 15 shall apply.
Article 13. Supply of Goods or Services
- Unless otherwise agreed with the user regarding the timing of supply of goods or services, the Mall shall take necessary measures, including custom production and packaging, so that the goods or services can be delivered within seven (7) days from the date of the user’s order. However, if the Mall has already received all or part of the payment for the goods or services, the Mall shall take such measures within two (2) business days from the date of receipt of all or part of the payment. The Mall shall take appropriate measures so that the user can check the supply procedure and progress of the goods or services.
- For goods purchased by a user, the Mall shall specify the delivery method, the party responsible for delivery costs by method, and the delivery period by method. If the Mall exceeds the agreed delivery period, the Mall shall compensate the user for damages caused thereby. However, this shall not apply if the Mall proves that it acted without intent or negligence.
Article 14. Refunds
If goods or services for which a user has applied for purchase cannot be delivered or provided due to reasons such as being out of stock, the Mall shall notify the user of the reason without delay. If payment has been received in advance, the Mall shall refund the payment or take necessary measures for refund within two (2) business days from the date of receipt of payment.
Article 15. Withdrawal of Subscription
- A user who has entered into a contract with the Mall for purchase of goods or services may withdraw the subscription within seven (7) days from the date of receipt of the receipt confirmation notice.
- If the user has received delivery of goods or services, the user may not return or exchange them in any of the following cases:
- The goods or services have been lost or damaged due to a cause attributable to the user. However, withdrawal of subscription may be made if packaging or similar materials have been damaged in order to check the contents of the goods or services;
- The value of the goods or services has significantly decreased due to use or partial consumption by the user;
- The value of the goods or services has significantly decreased over time to the extent that resale is difficult; or
- The packaging of original goods or services capable of being copied with the same performance has been damaged.
- In the cases of Paragraph 2, Items 2 through 4, the user’s withdrawal of subscription shall not be restricted unless the Mall has taken measures such as clearly indicating in advance, in a place easily noticeable to consumers, that withdrawal of subscription is restricted, or providing trial products.
- Notwithstanding Paragraphs 1 and 2, if the contents of goods or services are different from the displayed or advertised contents or are performed differently from the contract, the user may withdraw the subscription within three (3) months from the date of receiving the goods or services, or within thirty (30) days from the date the user became aware or could have become aware of such fact.
Article 16. Effects of Withdrawal of Subscription
- When the Mall receives returned goods or services from a user, the Mall shall refund the payment already received for the goods or services within three (3) business days. If the Mall delays the refund to the user, the Mall shall pay delay interest calculated by multiplying the delay period by the delay interest rate prescribed and announced by the Fair Trade Commission.
- When refunding the above payment, if the user paid for the goods or services by credit card, electronic money, or similar payment method, the Mall shall request the business operator that provided the relevant payment method to suspend or cancel the billing for the goods or services without delay.
- In the case of withdrawal of subscription, the user shall bear the cost necessary to return the supplied goods or services. The Mall shall not claim a penalty or damages from the user on the grounds of withdrawal of subscription. However, if the withdrawal of subscription is made because the contents of the goods or services are different from the displayed or advertised contents or are performed differently from the contract, the Mall shall bear the cost necessary to return the goods or services.
- If the user bore the shipping cost when receiving the goods or services, the Mall shall clearly indicate who bears such cost upon withdrawal of subscription in a manner that is easy for the user to understand.
Article 17. Protection of Personal Information
- When collecting user information, the Mall shall collect the minimum information necessary to perform the purchase contract. The following shall be mandatory items, and other items shall be optional:
- Name;
- Address;
- Telephone number;
- Desired ID, in the case of a member;
- Password, in the case of a member; and
- Email address or mobile phone number.
- When the Mall collects personally identifiable personal information of a user, it shall obtain the consent of the user.
- Provided personal information shall not be used for any purpose other than the intended purpose or provided to a third party without the user’s consent, and the Mall shall bear all responsibility in relation thereto. However, exceptions apply in the following cases:
- Where the minimum user information necessary for delivery, such as name, address, and telephone number, is provided to a delivery company for delivery purposes;
- Where information is provided in a form that cannot identify a specific individual for statistical compilation, academic research, or market research;
- Where it is necessary for payment settlement related to transactions of goods or services;
- Where it is necessary for identity verification to prevent misappropriation; or
- Where there is an unavoidable reason required by law or pursuant to law.
- If the Mall is required to obtain the user’s consent under Paragraphs 2 and 3, the Mall shall specify or notify in advance the matters prescribed by Article 22, Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, including the identity of the personal information protection officer, such as affiliation, name, telephone number, and other contact information; the purpose of collection and use of information; and matters related to provision of information to third parties, such as recipient, purpose of provision, and contents of information to be provided. Users may withdraw such consent at any time.
- Users may at any time request access to and correction of errors in their personal information held by the Mall, and the Mall shall have the obligation to take necessary measures without delay. If a user requests correction of an error, the Mall shall not use the relevant personal information until the error is corrected.
- For the protection of personal information, the Mall shall limit and minimize the number of managers and shall be fully responsible for damages suffered by users due to loss, theft, leakage, alteration, or other incidents involving users’ personal information, including credit card and bank account information.
- The Mall or any third party that has received personal information from the Mall shall destroy the relevant personal information without delay once the purpose of collection or provision has been achieved.
Article 18. Obligations of the Mall
- The Mall shall not engage in acts prohibited by laws or these Terms or acts contrary to public order and morals, and shall make best efforts to continuously and stably provide goods and services in accordance with these Terms.
- The Mall shall establish a security system to protect users’ personal information, including credit information, so that users can safely use internet services.
- If the Mall causes damage to a user by engaging in unfair labeling or advertising conduct under Article 3 of the Act on Fair Labeling and Advertising with respect to goods or services, the Mall shall be liable to compensate for such damage.
- The Mall shall not send commercial advertising emails for profit-making purposes to users who do not wish to receive them.
Article 19. Obligations Regarding Member ID and Password
- Except in the case of Article 17, the member shall be responsible for managing the member’s ID and password.
- A member shall not allow any third party to use the member’s ID and password.
- If a member becomes aware that the member’s ID or password has been stolen or is being used by a third party, the member shall immediately notify the Mall and shall follow the guidance of the Mall, if any.
Article 20. Obligations of Users
Users shall not engage in any of the following acts:
- Registering false information when applying or changing information;
- Misappropriating another person’s information;
- Changing information posted on the Mall;
- Transmitting or posting information other than information designated by the Mall, such as computer programs;
- Infringing copyrights or other intellectual property rights of the Mall or any third party;
- Damaging the reputation of or interfering with the business of the Mall or any third party; or
- Disclosing or posting on the Mall obscene or violent messages, images, audio, or other information contrary to public order and morals.
Article 21. Relationship Between Linked Malls and Linked-From Malls
- If an upper-level Mall and a lower-level Mall are connected by hyperlink or similar means, including text, images, and videos, the former shall be referred to as the “Linked Mall” or website, and the latter shall be referred to as the “Linked-From Mall” or website.
- If the Linked Mall clearly states, on its initial screen or through a pop-up screen at the time of linking, that it does not bear warranty responsibility for transactions conducted between users and the Linked-From Mall with respect to goods or services independently provided by the Linked-From Mall, the Linked Mall shall not bear warranty responsibility for such transactions.
Article 22. Ownership of Copyrights and Restrictions on Use
- Copyrights and other intellectual property rights in works created by the Mall shall belong to the Mall.
- Users shall not use information obtained through use of the Mall, for which intellectual property rights belong to the Mall, for profit-making purposes by reproduction, transmission, publication, distribution, broadcasting, or other methods, or allow any third party to use such information, without prior approval from the Mall.
- If the Mall uses copyrights belonging to a user pursuant to an agreement, the Mall shall notify the relevant user.
Article 23. Dispute Resolution
- The Mall shall establish and operate a damage compensation handling organization to reflect legitimate opinions or complaints raised by users and to compensate for damages.
- The Mall shall prioritize handling complaints and opinions submitted by users. However, if prompt handling is difficult, the Mall shall immediately notify the user of the reason and the processing schedule.
- In connection with electronic commerce disputes between the Mall and users, if a user applies for remedy, the parties may follow mediation by a dispute mediation organization requested by the Fair Trade Commission or a metropolitan city or provincial governor.
Article 24. Jurisdiction and Governing Law
- Lawsuits concerning electronic commerce disputes between the Mall and users shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the address of the user at the time of filing the lawsuit, or, if there is no address, the place of residence. However, if the address or place of residence of the user is unclear at the time of filing, or if the user resides overseas, the lawsuit shall be filed with the competent court under the Civil Procedure Act.
- Korean law shall apply to electronic commerce lawsuits filed between the Mall and users.
Addendum
- These Terms shall apply from January 20, 2021.
Terms for Recurring Payment Service
Article 1. What Is the Recurring Payment Service?
The Recurring Payment Service is an automatic monthly payment service for content maintenance fees to continuously maintain content for corporate customers.
Article 2. Eligibility to Use the Recurring Payment Service
Any ARCOOKIE member may use the Recurring Payment Service by applying for the Recurring Payment Service.
Article 3. Payment for Recurring Payment Service Products
- Discount benefits may be provided for Recurring Payment Service products, and discount rates and transaction terms may vary depending on the event and may be changed. If discount rates, transaction terms, or similar conditions are changed unfavorably to the customer, the Mall shall notify the customer of such change for a reasonable period of at least two (2) weeks. If the customer does not agree to such change, the customer may terminate the Service during such period. If the customer does not terminate the Service during such period, the customer shall be deemed to have agreed to the change.
- The payment amount for Recurring Payment Service products shall be charged based on the product price notified to the customer at the relevant time. The reference time for determining the price may be changed.
- If Recurring Payment Service products are added or changed, the total amount charged for the products shall change accordingly.
- If payment for a product is not completed due to reasons such as exceeding the card limit, the recurring payment for the relevant cycle may not be made. If such situation continues two (2) or more times, the Mall may suspend the Recurring Payment Service.
Article 4. Termination of Sale of Recurring Payment Service Products
If a product subject to recurring payment can no longer be sold or if there is a reason why the product can no longer be provided through the Recurring Payment Service, the Mall may suspend the Recurring Payment Service for the relevant product.
Article 5. Termination of the Recurring Payment Service
The customer may terminate the Recurring Payment Service by notifying the Mall.
Article 6. Restrictions on Use of the Recurring Payment Service
- If the Recurring Payment Service is suspended due to the customer’s notice or fault, including suspension of the Recurring Payment Service for some products, application for the Recurring Payment Service for the relevant product may be restricted for a period of up to two (2) months.
- The Mall may restrict the Recurring Payment Service if it is related to illegal or improper conduct.
- Specific standards for restrictions on use of the Service shall be applied in accordance with internal operating policies.
- The Mall may restrict use of the recurring order service if, after confirming the circumstances through monitoring by its own system, complaints received from various institutions, information from investigative agencies, and other sources, it is presumed that the customer has engaged in conduct constituting grounds for restriction of the Recurring Payment Service.
Article 7. Miscellaneous
- These Terms shall become effective when the customer agrees to them.
- The privacy policy for the Recurring Payment Service shall be governed by the Privacy Policy posted on the Mall’s website.
- Matters not specified in these Terms shall be governed by the Terms of Use of the Mall.
- If the Mall amends these Terms, the Mall shall specify the existing Terms, amended Terms, effective date of the amended Terms, and reason for amendment, and shall notify users by posting them together with the current Terms for a reasonable period from seven (7) days before the effective date until after the effective date. If the amendment is unfavorable to the customer, the Mall shall notify the customer by posting the amendment on the Mall website for a reasonable period from thirty (30) days before the effective date until after the effective date and by sending notice of the amendment to the customer’s email address.
- If the Mall notifies the customer under the preceding paragraph and clearly informs the customer that the customer will be deemed to have approved the amended Terms if the customer does not express refusal by seven (7) days after the effective date of the amended Terms from the date of notice or posting, and the customer does not express refusal, the customer shall be deemed to have approved the amended Terms. If the customer does not agree to the amended Terms, the customer may terminate the Recurring Payment Service in accordance with Art