- 01. Purpose
- 02. Definition of terms
- 03. Validity, application and revisions of the terms and conditions
- 04. Supply of and changes to services
- 05. Suspension of services
- 06. Membership
- 07. Withdrawing from membership or loss of membership
- 08. Notification to members
- 09. Usage of services/ service fees
- 10. Conclusion and annulment of service usage contracts
- 11. Protection of personal information
- 12. Obligations of The Company
- 13. Obligation regarding member ID’s and passwords
- 14. Obligations of the user
- 15. Withdrawal of the Contract
- 16. Association between the connecting website and connected website
- 17. Intellectual property rights and limits to usage
- 18. Resolution of disputes and mediation
- 19. Jurisdiction and applicable law
Article 1 (Purpose)
This Agreement seeks to define the rights, obligations and responsibilities in relation to the services of wired or wireless Internet provided by the website (heretofore referred to as “AVACO Co., Ltd”) operated by the company (heretofore referred to as “the Company”.
Article 2 (Definition of terms)
① “The Company” refers to the virtual business site operated by ., and may also be used to refer to the business that operates the site.
② “User” refers to members or non-members who receive services provided by “the Company” in accordance with the terms and conditions.
③ “Member” refers to those who provided their personal information to “the Company” to register as a member, who continuously receive information from “the Company” and who are eligible to continuously receive services from “the Company”.
④ “Non-member” refers to those who did not register as a member but who use the services provided by “the Company”.
⑤ “Coupon” refers to the cyber coupon that grants the holder the rights to receive a certain percentage of discount or a certain monetary amount upon the settlement of payment for “services” provided by “the Company” to the member.
⑥ “Points” refer to cyber currency that can be used exclusively for “the Company” in lieu of cash when paying for “services” provided by “the Company”.
Article 3 (Validity, application and revisions of the terms and conditions)
①“The Company” shall present the content of the terms and conditions, business name, CEO name, address of the offices, contact information (phone, Fax and email etc.) on the first page of the “The Company” website for the user to easily reference.
② The Company may revise the terms and conditions within the extent of remaining in accordance with the “Law on consumer protection in electronic commerce”, the “Law on regulations concerning terms and conditions”, “Basic Act on electronic documents and electronic transactions”, “Electronic signature act”, the “Law on the promotion of usage of information communication networks and data protection”, the “Law on sales visits” and “Basic act on consumer rights”.
③ In the case "the Company" revises the terms and conditions, the date of application and rationale for revision must be presented on the first page of the website, along with the existing terms and conditions, starting 7 days prior to application until 1 day prior to application.
④ In the case "the Company" revises the terms and conditions, the revised version only applies to contracts signed on or after the date of application. For contracts that have been in existence before the revision, the original terms and conditions shall apply. However, in the case the user who had signed an existing contract informs during the period of notification of revision as per above clause 3, his desire for the revised version to be applied and receives approval from "the Company", the revised version shall apply.
⑤ In the case the member does not agree to the revised terms and conditions, he may terminate the usage of services and the usage contract. However, in the absence of such opposition within the 14 days following the notification date as per the above clause, it shall be assumed by "the Company" that the member agrees to the revision.
⑥ Any items not defined in this agreement of terms and conditions shall follow commercial custom, the act on electric communication businesses, the law on the promotion of usage of information communication network and data protection and other relevant law.
Article 4 (Supply of and changes to services)
① “The Company” shall carry out the following tasks.
1. Supply of information related to the sale and purchase of cars and intermediation between the buyer and seller.
2. Supply of finance or insurance-related information generated during the course of sale/ purchase of cars or intermediation of such sale/ purchase.
3. Other tasks as defined by “The Company”
② “The Company” may change the services provided by notifying the member of the content of services to be changed and the date of application.
③ “The Company” may set a time period for certain services. In such cases, the available times will be notifed or posted in advance.
Article 5 (Suspension of services)
① “The Company” may temporarily suspend the services in the following cases.
1. The information telecom facilities of “The Company” require maintenance, repair, replacement, or have undergone breakdown.
2. An explosion of users has made it impossible to provide services.
3. The telecom operator has suspended the electric communication services
4. Suspension of services is inevitable due to a situation that is beyond the control of “The Company”.
5. Force majeure events including natural or manmade disasters such as a national emergency
6. When “The Company” has notified the user in advance
② "The Company" may limit certain services from being provided to members who do not use their real name, those uner age 14, those eligible for protection under the Act on youth protection, those under age 20, members of foreign nationality, or corporate members.
③ In the case that services are suspended as per Article 5, Clause 1, this shall be notified to the member in advance. However, exceptions shall be made in cases where prior notification is not possible (e.g. system disruptions that are not caused through the negligence or fault of the operator).
Article 6 (Membership)
① The user applies for a membership by filling out his personal information in the format as determined by “The Company” and giving his consent to the terms and conditions.
② “The Company” shall register applicants as members as long as they do not fall into any of the following categories:
1. It has been 3 months or less since the member has lost his membership as per Article 7, Clause 1.
2. However, if the applicant who has lost his membership in the past as per Article 7, Clause 3 has had three years pass and received approval for re-joining the membership, an exception may be made.
3. There are false, omitted or incorrect information in the form filled out by the applicant.
4. Registering the applicant as a member is deemed to cause significant detriment to “The Company” given the technology.
③ The membership contract is deemed to take effect when the approval of membership by “The Company” reaches the member.
④ In the case of changes to information submitted as per Article 11, Clause 1, members shall immediately notify of this change, via email or other methods.
Article 7 (Withdrawing from membership or loss of membership)
① A member may at any time request that his membership be withdrawn. This request shall be processed immediately.
② In the case any of the following applies to the member, “The Company” may limit or suspend the membership.
1. False information was given in the application form.
2. Payments for services purchased through “The Company” have not been made, or other financial obligations to “The Company” have not been met by the due date.
3. The member has disrupted the usage of “The Company” by other people or has stolen information from “The Company”, thus disrupting the system of electronic commerce.
4. The member has committed an act that violates the law, this agreement on terms or conditions, or common social custom.
③ “The Company” may rid the member of his membership in the case that the member in question repeats the same act 2 times or more or again within 30 days of his membership rights being limited or suspended.
④ In the case “The Company” rids the member of his membership, membership records are completely deleted and notified to the member. However, the member in question shall be given a chance to explain himself before the records are completely deleted.
Article 8 (Notification to members)
① Notifications by “The Company” to members may be sent to the email submitted by the member to “The Company”.
② In the case of notifications for the general pool of members, they may be posted for one week or longer on “The Company” in lieu of individual notification.
Article 9 (Usage of services/ service fees)
① Users must abide by the procedures presented by “The Company” in order to use the services. Applications for the usage of services must be done using one’s real name.
② Service fees shall be set by “The Company”. Unless marked or separately presented, the fees for services presented by “The Company” shall be free of charge.
Service fees for cases where the user has committed an illegal or inappropriate act of usage of “The Company”, including but not limited to the registration of false items for sale, shall not be refunded.
Article 10 (Conclusion and annulment of service usage contracts)
Service usage contracts are concluded when the user applies for service usage in accordance with the procedures set out by “The Company”. However, in the following cases, “The Company” may annul the contract.
① There is false, omitted or incorrect information given in the application form.
② False information or information of someone else has been given to “The Company” for registration.
③ Other cases where the supply of services is deemed likely to cause technological disruption of “The Company”.
Article 11 (Protection of personal information)
① “The Company” shall collect the minimum amount of personal information necessary to provide its services.
② “The Company” shall acquire the consent of users when collecting or using personal information.
③ “The Company” is prohibited from using the collected personal information for purposes other than stated, or from providing it to a third party. However, exceptions may be made in the following cases.
1. A minimum amount of personal information needs to be sent to an allianced company to provide alliance services.
2. For statistical, academic or market research purposes, personal information is provided in a form where individual users cannot be identified.
3. When relevant law requires.
④ In the case that “The Company” needs to acquire the consent of the user as per Clause 2 and Clause 3, the identity of the personal information manager (his department, name and contact information), the purpose of collecting and using such data, information related to data that would be provided to a third party (recipient party, purpose of provision and the content of the data to be provided) and any other items as defined by the “Law on the promotion of usage of information networks and information protection” must be notified or posted. The user may at any time withdraw his consent.
⑤ The user may request at any time to view his own personal information or to have errors corrected. In such a case, “The Company” has the obligation to take necessary measures immediately. If the user requests a correction of errors in his information, “The Company” shall not use the information in question until the error has been corrected.
⑥ “The Company” shall set a minimum number of managers for personal data protection, and shall bear all responsibilities for any losses incurred on the part of the user due to the loss, theft, leak or transfiguration of the users’ personal information including but not limited to the information regarding credit cards and bank accounts.
⑦ Third parties that receive personal information from “The Company” shall without delay dispose of the personal information once the goals for which the information was collected or received have been met.
Article 12 (Obligations of “The Company”)
① “The Company” shall not engage in any acts that are prohibited by law, by this agreement on terms and conditions, or by normal social custom and shall remain committed to providing stable services.
② “The Company” shall have security systems to protect personal data (including data on one’s credit rating) to provide safe internet services to users.
③ “The Company” shall not send advertisement emails that are not solicited by the user.
Article 13 (Obligation regarding member ID’s and passwords)
① In all cases excluding cases in Article 11, the responsibility to manage the member ID and password lies with the member.
② Members must not allow a third party to use his ID and password.
③ In the case the member notices that his ID and password have been stolen or are being by a third party, it must be immediately notified to “The Company” and follow the instructions, if any, given by “The Company”.
Article 14 (Obligations of the user)
Users are prohibited from the following acts. Legal responsibilities for having engaged in any of the following acts shall be borne by the user.
1. Registration of false information during application or revisions made.
2. Use of someone else’s information
3. Changes to information posted on “The Company”.
4. Transmission or posting of information other than as determined by “The Company” (e.g. computer programs)
5. Violations of intellectual property rights of “The Company” or of a third party
6. Acts that undermine the reputation or disrupt the work of “The Company” or a third party
7. Disclosing or posting information that is obscene or violent or that goes against normal decency in social custom in message, video or audio format on “The Company”.
Article 15 (Withdrawal of the Contract)
① Users who have signed a contract for the use of goods or services with “The Company” have the rights to withdrawal of the contract within 7 days following the reception of a written form on the content of the contract.
② In the case the user withdraws the contract within the 7 days without using the services at all, the payments that had already been made shall be rfunded in full.
③ In the case the user withdraws the contract after partially using the services, the pro rata fees for services used ,plus a penalty of up to 10% of the total usage fees shall be deducted before the refund. However, if the request for withdrawal of the contract has been made within 7 days of signing the contract and after partially using the services, only the pro rata fees for services used for the number of days shall be deducted before refund.
④ Services provided by “The Company” include services that cannot have the contract withdrawn for, under the Act on promotion of content businesses and Guidelines for the protection of content users. If the services in question fall under this category, and if the fact that a withdrawal is not possible for such services had been notified, the user’s rights to withdraw from the contract may be partially limited.
Article 16 (Association between the connecting website and connected website)
① In the case that “The Company” and a sub-“website” are connected through a hyperlink (e.g. Hyper links that inlcude letters, images or videos), the former is referred to as the connecting website and the latter as the connected website.
② In the case that the connecting website has clearly stated that it does not offer any guarantee to the users of and transactions related to the goods and services provided by the connected website, the connecting website shall not bear any responsibilities for guarantees.
Article 17. (Intellectual property rights and limits to usage)
① All property rights and intellectual property rights on the items produced by “The Company” belong to “The Company”.
② The user is prohibited from copying, transmitting, publishing, distributing or using the information acquired by using “The Company” for the profits of his own or have a third party use them for profits of his own.
Article 18 (Resolution of disputes and mediation)
① “The Company” shall do its best to listen to legitimate opinions or complaints raised by the user and to provide compensations for any damages.
② “The Company” shall give priority to processing complaints or opinions submitted by users. However, if prompt processing is not possible, the user shall be notified of the reason and timeline for processing.
③ Disputes occurring between “The Company” and the user may be resolved through an mediation by the Committee for Electronic Commerce Dispute Mediation.
Article 19 (Jurisdiction and applicable law)
① Lawsuits regarding disputes between “The Company” and the user shall be processed in the civil court of jurisdiction. However, in the ase there is a separate agreement on the court of jurisdiction, this may be followed.
② Korean law shall be applied to the lawsuit filed between “The Company” and the user.