VCNC Terms of Service
This document was originally written in Korean . To the extent any translated version of this agreement conflicts with the Korean version, the Korean version controls.
Article 1 (Purpose)
This document governs the rights, responsibilities, and other necessary matters between VCNC (hereafter “Company”) and users regarding the use of Between (service). By using or accessing Between, you agree to the terms, as updated from time to time in accordance with Article 3 below.
Article 2 (Definition)
Definitions of terms used in this agreement are as shown below.
- “Terms” refers to contract entered between the company and “users” regarding the use of service provided by the company.
- "Service" refers to Between and its related services that “users” can use regardless of device (wired, wireless devices including PC and mobile) on which it is accessed.
- "User" refers to members who have agreed to the “terms” with the “company” and access and use the “service” provided by the “company”.
- "ID" refers to a combination of letters and numbers, chosen by the “user” and approved by the “company”, required to use the “service”.
- "Password" refers to a combination of letters or numbers chosen by the “user” to protect privacy in combination with “ID”.
- “Couple” refers to a set of “users” whose accounts are connected together.
- "Postings" refer to writings, photos, videos and all kinds of files and links in the form of symbolsㆍlettersㆍvoiceㆍsoundㆍimageㆍvideo posted through the “service” by “users”.
- "Paid service" refer to all kinds of online digital contents (including information, items and other paid contents) and service provided by the “company” for revenue.
Article 3 (Announcement & Amendment)
- Company will post the terms on the first page of the service for users, and it will become effective when a user agrees to the terms. The terms become partially effective at the time of application to the service, and become fully effective after the user agrees to the terms. Amendments are made effective for existing users once announced.
- The effective period of the terms begins from the time of application to service by a user to the day the user terminates account. Exception will be made for services that have separately noted their effective period.
- Agreeing to the terms includes the responsibility of the user to check for amendments by visiting the company website regularly.
- Company can make amendments to the terms in compliance with relevant laws. In case of amendment, company will give a 7-day notice to users and announce the amendment, together with the current terms, effective date, and reasons for change according to the method stated in item 1. However, if the amendment is unfavorable to users, the company will give a 15-day notice, and clearly notify users of the change through SMS, pop-up window, and other online methods. The amendment will become effective from the announced date.
- The continued use of the service after the announcement of amendment according to the previous item constitutes the user’s acceptance of the amendment.
- Users have the right to refuse the amendment. Company cannot apply the amendment if the user has clearly shown refusal within the notice period. In this case, user can terminate account within a 15-day window after expressing refusal. If the company cannot apply the previous terms to the user, the company can terminate the account. The continued use of the service after the effective date will constitute the user’s acceptance of the amendment.
- When a section is deemed unenforceable, the remaining terms will still hold effective.
Article 4 (Interpretation)
- Company can set separate terms and operation policies (hereafter “operation policy”) for individual services. When corresponding details conflict with terms, operation policy precedes.
- Matters not covered within terms will be governed by operation policy, relevant laws, and commercial practice.
Article 5 (Agreement)
- Those who wish to be “users” (hereinafter “applicant) signal their agreement to the terms when applying for a membership, and “Company” accepts this application. If an applicant is under the age of 14 or under the age of 19, company will require consent of legal representative according to relevant laws.
Company in principle provides service to applicants who request the service. However, the “Company” can refuse or stop providing service in following cases.
- When an applicant was disqualified previously according to this agreement. However, it is exempted when readmission was approved by the “Company”.
- When false information was provided or failed to enter details asked by the “Company”. Users entering false information are not entitled to any rights and can be punished by relevant laws, and the Company can cancel the user agreement later.
- When an application cannot be approved by faults caused by a user or when applying by violating regulations.
- For paid service, when an applicant is bankrupt, restructuring or started similar procedures or when there is an application for commencement
- When a child under the age of 14 applies without consent from legal representatives (parents)
The company can request for additional information to applicants if required by a type of service applied for according to clause 1.
- The company can request to check identity and proof of identification through special organizations according to the types of membership.
- If a user and a person paying fees are different then the company can request for identifications to verify this.
- The "Company" can defer approval if there are no rooms for service related equipment or there are technical or business difficulties.
- If an application is not approved or deferred according to Clauses 2 and 6 then the “Company” should notify this to an applicant in principle. However, it is exempted when the company cannot notify an application without faults caused by the company.
- The period of concluding the user agreement is at the time of indicating completion of subscription during the application procedure. However, the conclusion is available after confirming payment by the company for paid service.
- The "Company" can differentiate service by classifying the number of hours used, the number of times used, service menu by classifying users into grades according to the company policy.
- The Company starts providing service from the time of approving application by applicants. However, some service can start from a designated date as required by the company, and service is provided when the company confirms payment from users for paid service in principle.
- If the Company cannot start providing service by business or technical difficulties then this is notified by announcing at the homepage of individual service page or notified to users in advance.
- The Company provides recommended minimum required specification information for each service at homepages for each service. Users should check specification of terminals, quality of wired/wireless communication network for accessing service and check whether they are appropriate to use for corresponding service.
- Users may be required to install programs (hereafter “Programs”) installed for security patches, updates and programs, software (hereafter “Add-on software”) additionally required to run programs smoothly when using service. Installation of programs and add-on software is a requirement to use service provided by the company, and the size and type of installed programs can differ according to provided service and these details are provided at the homepage of each service. Each program can be deleted selectively from Control Panel>Add/Delete a Program.
Article 6 (Updating user account)
- Users can view and modify personal information at any time through the Profile.
- Users should make changes when there are changes in information entered at the time of application and notify the changes to the company.
- Company is not responsible for any disadvantages caused by failing to notify the changes from Clause 2 to the Company.
Article 7 (Obligations to protect privacy)
- The Company is not responsible for information on user accounts as well as other information exposed by faults caused by users.
- The company can request for identification or other similar certificates from a user if required to verify identity by notifying the reasons (purposes) to the user. The Company cannot use these for purposes other than notified and immediately destroyed once goal is achieved in ways those cannot be reproduced.
Article 8 (Notifying "users")
- The “Company” can chose a method deemed to be appropriate including email unless otherwise specified in this agreement when the "Company" notifies “Users”.
- The "Company" can replace notice of Clause 1 by posting at the Company’s bulletin board for more than 7 days for a notice to all “Users”.
Article 9 (Obligations of “Company")
- The "Company" does not conduct actions prohibited in relevant laws or in this agreement or actions against custom, and continues to try its best to provide “Service” continuously and stably.
- The "Company" must process opinions or complaints from “Users” in relation with using the service when they are deemed to be just. The “Company” notifies the processes for handling of opinions or complaints and subsequent results to “Users” through a bulletin board or a method deemed to be appropriate by the “Company”.
Article 10 (Obligations of "Users")
"Users" must not do the followings.
- Registering false information when applying or making changes
- Using other person’s information
- Changing information posted by the "Company"
- Transmitting or posting information (computer programs) not approved by “Company”
- Violation of intellectual property rights including intellectual property rights of the “Company” and third parties
- Actions damaging reputation or disrupting businesses of the “Company” and third parties
- Actions of making public or posting violent messages, videos, voices and other information violating good public order and customs including to the “Service”
- Actions of impersonating the “Company” or third parties or using other persons’ information
- Actions of circulating false information to gain or give financial benefits to self or others or to cause damages to others
- Actions that violates the intended purposes of this “Service” including using this “Service” to encourage•mediate inappropriate dating or slandering or damaging reputations of an individual or a group by using this “Service”
- Actions of unauthorized collection, disclosing or providing personal information, registration information, history of accesses of other “Users”
- Actions of threatening account security for “Users” including allowing others to access own account
- Actions of using the “Service” for profit making without consents from the “Company”
- Actions of colluding or encouraging such behaviors stated in the above
- Other unlawful or improper actions
- "Users" must observe relevant laws, regulations of this agreement, user guide and cautions announced in relation with “Service”, matters announced by the “Company” and must not take actions disrupting businesses of the “Company”.
Article 11 (Providing "Service")
The Company provides the following service to users.
- Between: Wire-wireless couple service
- Every service provided to “Users” including additionally developed by the “Company” or through partnerships with other companies
The company can separately decide available time for each range by dividing “Service” into a certain range. However, the details will be notified in advance in this case.
- "Service" is provided throughout the year, 24 hours per day in principle.
- The “Company” can suspend “Service” temporarily when maintaining and repairing, replacing and trouble in information communication equipment such as computers, communication disconnection or significant operation difficulties. The “Company” notifies “Users” in a manner stated in Article 8 [Notifying "Users"]. However, the “Company” can notify afterwards if there are unforeseeable reasons preventing notice in advance.
- The “Company” can conduct regular maintenance if required to provide the service, but the time for regular maintenance comply with a notice posted at service screen.
The “Company” can provide the entire of a part of “Service” differentially to “Users” based on identification verification, presence of registration information or other conditions decided as set by the “Company”. In this case, the company announces the details in advance.
- Details on service provided by the Company through partnership with third parties, obligations of third parties to users, rights and obligations of users to third parties comply with separate agreements, operation policies provided by third parties on that service. Users may require agreeing with user agreements for service provided by third parties when using corresponding service.
Article 12 (Changing "Service")
- The “Company” can change the entire or a part of “Service” provided for operation or technical needs if there are significant reasons.
- The Company announces the changes to service, the date applied in a “Notice” within corresponding service before making changes for users to fully aware of when there are changes to the details of methods of using and time of using "Service". However, the “Company” can notify afterwards if there are unforeseeable reasons preventing notice in advance.
- Users should often check notices from the homepage according to Article 2, and the company is not responsible for damages to users caused by failure to check the notices. However, the company notifies separately through emails to users when significant and clear damages are expected to users such as changes in paid service.
- The “Company” can correct, stop, change the entire or a part of service provided for free for reasons required by the company’s policy or operation, and the company does not compensate “Users” separately unless there are special regulations in relevant laws on this.
Article 13 (Providing information & Advertising)
- The “Company” can provide information recognized as necessary while “Users” are using the “Service” through a bulletin board from the homepage or through SMS. However, if sending advertisements for profit making to “Users” then these are sent by receiving consents in advance from “Users” when transmitting to phones or similar devices such as SMS.
- "Users" can always refuse to receiving advertisements except information on transactions and answers to inquires according to relevant laws.
- The “Company” can post advertisements at the “Service” screen, website in relation with the operation of "Service". The company is not responsible for any losses or damages suffered by the users by participating, communicating or transacting with advertisers posted at the website.
- “Users” should not take any actions of changing, modifying, restricting postings or other information in relation with “Service” provided by the “Company”.
Article 14 (Copyright of "Postings")
- The copyrights of “Postings” including pictures, memos posted within the “Service” by "Users" belong to the two “Users” connected as a “Couple”.
- The responsibility for losses or problems caused by “Postings” by users lies with the individual user and the Company is not responsible for damages.
Article 15 (Managing "Postings")
- If “Postings” by “Users” include contents violating relevant laws then the administrator can request to suspend and delete the said “Postings” according to a procedure stipulated n relevant laws, and the “Company” must take actions according to relevant laws.
- The “Company” can take temporary actions against “Postings” without requests from the administrator as stated in previous clause according to relevant laws if there is cause deemed to have violated rights or when the Postings violate policy of the Company and relevant laws.
- The “Company” can check contents of “Postings” if it is necessary to check for compliance with relevant laws or this agreement.
- Some “Postings” can be deleted from the “Service” after a certain period, and the responsibility for managing “Postings” lies with a “User”. If the Company is sued for compensation from other parties because postings by a user violated other parties, the user who posted that posting must fully cooperate with the company for indemnification, and if the company fails to indemnify then the user must take responsibility for the problems caused.
- The “Company” provides a tool for disconnection to deny access to “Postings” if a “User” connected with “Couple” does no longer wish to be connected. After using disconnection function, the corresponding account is treated as dormant account, after 30 days without reconnection, and all shared “Postings” can be permanently deleted.
Article 16 (Ownership of the rights)
- Copyrights and intellectual property rights on the "Service" belong to the “Company”. However, “Postings” by “Users” and writings provided by partnership contract are excluded. Copyrights and intellectual property rights on all trademarks, service marks, logos related with the service provided by the “Company” including design of service provided by the “Company”, texts created by the “Company”, scripts, graphics, bi-directional transmission between “Users" are owned by the “Company” or the “Company” has the ownership or the right of using based on related laws.
- The “Company” only grants the right of using to use “Service” to “Users” according to the term and conditions set by the “Company” in relation with the Service, and "Users" cannot transfer, sell or provide these as collaterals. "Users" do not own the “Service” or intellectual property rights on the “Service” with this user agreement but only received permission from the “Company” to use the "Service" thus “Users” can only use the "Service" in the form of acquiring information or for personal use.
- "Users" cannot copy or circulate bi-directional transmission between “Users” of texts, scripts, graphics created by the “Company” including using, copying, circulating status information on “Users” obtained through “Service” for profit-making except when clearly permitted.
- “Users” cannot attempt to produce by-products, inverted file, extraction of source codes related with the “Service” and software included unless otherwise when clear written permission is obtained from the “Company”.
Article 17 (Terminating account)
- "Users" can always apply to cancel the user agreement through a menu to delete own account within the service, and the “Company” must process this at once as stated by relevant laws.
Article 18 (Limiting access)
- The “Company” can limit “Users” from using “Service” step by step including warning, temporary suspension, permanent suspension when a “User” violates obligations of this agreement or when disrupting normal operation of the “Service.
- The “Company” can permanently suspend a user immediately despite of the previous clause when the user violates relevant laws including providing illegal software and disrupting the business, illegal communication and hacking, distribution of malicious programs, actions that exceeds access privileges. If a user is suspended permanently according to this clause then all benefits gained by using the "Service" becomes extinct and the “Company” does not compensate specially.
- If a “User” does not log in for more than 1 year then the “Company” classifies this account as a dormant account for protecting user information and for operating efficiency and all shared “Postings” can be permanently deleted. After using disconnection function, the corresponding account is treated as dormant account, after 30 days without reconnection, and all shared “Postings” can be permanently deleted
- The “Company” complies with the Policy for Limiting Usage and Operation Policies for each service for the conditions for limiting and details for the scope of limiting usage stated in the clause.
- The “Company” notifies a “User” according to Article 8 [Notifying “Users”] when limiting “Service” or cancelling the contract according to this Article.
- "Users" can object to limiting service according to this Article in keeping with the company’s normal procedure. If the “Company” acknowledges that the object is reasonable then the “Company” restarts “Service” straight away.
Article 19 (Limitation of liability)
- The "Company" is exempted from liability to provide “Service” due to natural disasters or under equivalent unforeseeable circumstance
- The “Company” is not liable for service difficulties including difficulties in accessing “service” and communication error by faults caused by “Users” including service difficulties caused by losing mediums including terminals.
- The "Company" is not responsible for information, data, reliability of facts, accuracy in relation with “Service” posted by “Users”
- The “Company” is exempted from liability for transactions between “Users” and between a “User” and a third party with the “Service” as a medium.
- The “Company” is not liable for service provided for free unless otherwise specifically regulated by relevant laws.
Article 20 (Compensation for damages)
- User will indemnify the company if damages are caused by the user’s actions, postings, or information on Between
- If a 3rd party brings a claim against the company related to a user’s actions, postings or information on Between in violation of the terms, user will indemnify and hold the company harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Article 21 (Jurisdiction)
- Lawsuits between company and users will be governed laws and regulations of the Republic of Korea.
- Disputes between company and users will be administrated by the relevant court according to the relevant laws of the Republic of Korea.
This agreement is effective from 21 Aug 2014.
Enacted on 5 Oct 2011
Revised on 21 Aug 2014
VCNC Location based service Agreement
Article 1 (Purpose)
This agreement is aimed to state rights, obligations and responsibilities, other necessary matters between VCNC (hereafter the “Company”) and the principals of personal location information in relation with the location based service provided by the Company.
Article 2 (Effects of and modifying user agreement)
- This agreement becomes effective when the principal of personal location information applied for location based service agrees to this agreement and registered as a user for the service in keeping with our usual practice.
- When the principal clicks “Agree” from this online agreement will be deemed that the principal has read and sufficiently understood the agreement and agreed to its application.
- The company can modify this agreement within a scope that does not violate relevant laws including Act on Protecting and Using Location Information, Contents Industry Promotion Act, Acts on Consumer Protection from Electronic Commerce, Consumer Protection Act, Regulations of Standardized Contracts Act.
- When the company modifies the agreement, the company only notifies the previous agreement and revised agreement and the current agreement by stating the date the revised agreement comes to effect and reasons for revision for a sufficient period - 10 days before the date of application, and if the revision is unfavorable to the principals then the details will be announced from the service homepage for a considerable period - 30 days prior to and after the date of application or notifies the changes to the principals by way of electronic forms (emails, SMS).
- If the principal does not express an opinion of refusal within 7 days from the date of applying revised agreement from the date the revision is announced or sent, notified to the principals as stated from the previous Clause then it will be deemed as agreeing with the agreement. If a principal does not agree to the revised agreement then the principal can cancel the service agreement.
Article 3 (Service and fees)
The company provides the following location based service by directly collecting location information or receiving location information from telecommunication companies.
- Geo Tagging service: When location information of the principal of personal location information is saved together with a photo at the time of taking a photo then the information will be saved with postings to view corresponding location.
- Provide search results using current location: Presents search results and surrounding information (restaurants, nearby businesses) using current location of the principal when searching for information.
- Provide weather information using current location: Shows current weather to the other party using current location.
The above location based service stated in Clause 1 is free.
If the company changes or ends service then the company can notify the changes or ends of service to the principal by registered email.
When notifying Item 3 to unspecified multiple individuals, the company can notify through the homepage.
The company can restrict or terminate service to the principal under each of the following.
- When the principal of personal location information disrupts service intentionally or negligently
- Under unforeseeable reasons caused by maintaining, repairing or constructing service equipment
- When a key telecommunication service provider stipulated in the Telecommunication Business Act stops telecommunication service
- When there is disruption in service caused by state of national emergency, error with service equipment, sudden increase in service usage
- When the company acknowledges that it is inappropriate to continue providing service by other important reasons
The company will notify reason and time when service is restricted or terminated by reasons stipulated in previous items to the principals.
Article 4 (Ways to collect location information)
The company collects personal location information in the following ways.
- Collect real time location information based on Base Station (Cell ID method) using cell phones
- Collect location information through GPS information collected through GPS embedded terminals
- Collect location information through Wi-Fi information through Wi-Fi chip embedded terminals
Article 5 (Rights of the Principal of Personal Location Information)
- The principal of personal location information can withhold to agree to all or a part of the scope of collecting personal location information and user agreement or purpose of usingㆍproviding personal location information, a part of the scope of those receiving information and location based service.
- The principal can withdraw from all or a part of agreement for collectionㆍusingㆍproviding personal location information.
- The principal can request to temporarily suspend to collectㆍuseㆍprovide personal location information at any time. The company cannot refuse this request in this case and has technical means to carry out this.
The principal can request to view or notify the following data to the company and can ask for rectification if there are errors to the said data. The company cannot refuse without just cause in this case.
- Data confirming collection ㆍusageㆍproviding location information on the principal of personal location information
- Reasons and details on providing personal information of the principal to third parties according to Act on Protecting and Using Location Information or other laws and regulations
When a principal withdraws from all or a part of agreement then the company destroys data confirming collection ㆍusingㆍproviding personal location information and location information. However, when a part of agreement is withdrawn then it only applies to data confirming collection ㆍusingㆍproviding personal location information and location information.
The principal can make a request to the company using contact details from Article 14 of this agreement to exercise rights stated in Clauses 1 or 3.
Article 6 (Rights of legal representatives)
- The company must receive consents from children under the age of 14 and their legal representatives when collectingㆍusing personal location information from children under the age of 14.
- Legal representatives can exercise the rights to withhold agreement, withdrawing from agreement and right to temporarily suspend, rights to request to view and disclose when agree to collect ㆍuseㆍprovide personal location information of children under the age of 14.
The company must receive consents from children under the age of 14 and their legal representatives when using personal location information or data confirming the use of location information, confirming provision beyond what the agreement stated or notified or providing to third parties. However, it is excluded under the following cases.
- When it is necessary to confirm the use of and providing location information to settle accounts by providing location information and location based service
- When providing information by processing the information so that specific individual cannot be identified for statistical purposes, academic researches and market researches
Article 7 (Rights of legal guardians for children under the age of 8)
Agreements by legal guardians to the use or provision of personal location information to protect lives and physical protection of children under the age of 8 will be deemed as agreement from the concerned person by the company for those (hereafter “Children under the age of 8”) fall under the followings.
- Children under the age of 8
- An individual deemed incompetent
- Those suffering from mental disorder according to Article 2.2.2 of the Welfare of Disabled Persons Act and those qualified as severely handicapped persons according to Article 2.2 of the Employment Promotion and Vocational Rehabilitation for Disabled Person Act (only those registered as disabled persons according to Article 29 of the Welfare of Disabled Persons Act)
- Legal guardians who are agreeing to the use and provision of personal location information to protect lives and physical protection of children under the age of 8 must submit documents proving that they are the legal guardians to the company.
- Legal guardians can exercise the full rights as the principal of personal location information when agreeing to the use, provision of personal location information for children under the age of 8.
Article 8 (Appointment of an officer responsible for location information)
- The company appoints an officer responsible for location information who is in a position to be responsible to handle complaints by the principals of personal location information and to appropriately manage, protect location information.
- The officer responsible for location information is the head of a department responsible for providing location based service and the detailed items comply with the supplementary provisions of this agreement.
Article 9 (Grounds for keeping user data , provision of location data, preservation period)
The company automatically records data confirming the collectionㆍuseㆍprovision of location information of the principals of personal location information and keeps for more than 1 year based on Article 16.2 of the Act on Protecting and Using Location Information.
Article 10 (Modifying and suspending service)
- The company can restrict, modify or suspend the entire of a part of service when the service can no longer provided by circumstances in the company or disruption under the laws such as changing policy for location information provider.
- The company announces in advance on the internet or notifies to the principals of personal location information when the service is suspended according to Clause 1.
Article 11 (Notify at once when personal location information is provided to a third party)
- The company does not provide personal location information to third parties without consents from the principal of personal location information, and when providing third party service when notifies the persons receiving information and purpose to the principals and obtains consents.
- The company notifies the persons receiving personal location information, the date and purpose to the principals at once each time to telecommunication terminals when personal location information is provided to third parties appointed by the principals.
However, in the following cases, the information is notified to telecommunication terminals or email addresses specified in advance by the principals.
- When a telecommunication terminal which collected personal location information is not capable of receiving tests, voice or video
- When the principal of personal location information requested in advance to notify to other telecommunication terminal or email address instead of a telecommunication terminal which collected personal location information
Article 12 (Compensation for damages)
- The principals of personal location information can request for compensation when suffer damages when the company violates Article 15 or 26 of the Act of Protecting and Using Location Information. The company cannot escape is responsible unless otherwise proving lack of mistakes or negligence.
- The company can request for compensation if a principal of personal location information causes damages to the company by violating the regulations of this agreement. The principal cannot escape is responsible unless otherwise proving lack of mistakes or negligence.
The company is not responsible for damages suffered by the principals when the service could not be provided because of each of the following.
- Natural disasters or equivalent uncontrollable states
- Intentional service disruptions by a third party in service partnership with the company to provide service
- When there are disruptions in service faults caused by the principals of personal location information
- When caused by reasons not by the company except item 1 or 3
- The company does not guarantee reliability, accuracy of the service or information, data, facts included in the service and the company is not responsible for any damages to the principals caused by these.
Article 13 (Conciliation of disputes)
The company can apply for rulings from the Korean Communications Commission if an agreement is not reached or cannot agree with the principals of personal location information on disputes related with location information.
Article 14 (Business Information)
The name, address, telephone number and other contact details for the company are as shown below.
- Name: VCNC
- Address: 17th floor, 419, Teheran-ro, Gangnam-gu, Seoul
- Phone: 070-7728-8262
- Email: firstname.lastname@example.org
- Article 1 (Effective date) This agreement is effective from August 21, 2014
Article 2 The following officer responsible for location data is appointed as of March3014.
- Name: Yeongmok Kim
- Department: Product Development
- Phone: 070-7728-8262
VCNC Paid Service User Agreement
Article 1 (Purpose)
This agreement is aimed to stipulate the rights, obligations and responsibilities between VCNC (hereafter the “Company”) and “Members” and other matters in relation with using “Fee-based Service” among service provided by Between and other service accompanies to Between.
Article 2 (Providing personal information)
The "Company" announces details of this agreement, name of CEO, phone number, fax number, Business Registration Number, Online Sales License, customer center for "Member" to identify easily at the front page of the service. However, this agreement can be viewed when "Member" connects to the service.
Article 3 (Announcing the agreement)
- The "Company" takes an appropriate technical action for a "Member" to print the entire agreement and to read.
- The "Company" provides separate connecting screen or a pop-up window to easily understand important details such as withdrawing from subscriptions among details stipulated in the agreement before a "Member" agrees to this agreement.
Article 4 (Revising the agreement)
- The "Company" can revise this agreement while not violating relevant laws including "Contents Industry Promotion Act", "Consumer Protection Law from Electronic Commerce", "Regulation of Standardized Contracts Act".
- When the "Company" revises the agreement then the effective date and reasons for revision will be announced 30 days before the day becoming effective until 1 day before the effective day at the first page of service. However, if the revision is unfavorable to the "Members" then it will be clearly notified by ways of emails, electronic messages, a pop-up window for agreeing with the revision within the service for a certain period besides public notices.
- If a member does not explicitly express refusal even though the Company clearly notified and announced the members of the intention that failing to make expression of intention within 30 days from announcing and notifying the revision of the agreement as stated in the previous item then the Company regards that the members agree with the revision.
- If members do not agree with the application of the revised agreement then the Company cannot apply the revised agreement, and members can cancel the user agreement in this case. However, the Company can terminate user agreement if there are special reasons that do not permit application of the previous agreement. If a member continues to use the service after the revised agreement comes to effect then it will be deemed as agreeing with the revised agreement.
- If a member suffers damages by cancellation of the agreement based on the previous clauses then the member can request for compensation to the Company.
Article 5 (Interpretation)
Any matter not stated in the agreement and interpreting terms of this agreement comply with "Contents Industry Promotion Act", "Consumer Protection Law from Electronic Commerce", "Regulation of Standardized Contracts Act", “Guidelines to protect contents users” set by the Minister of Culture, Sports and Tourism, other laws, "VCNC User Agreement" or commercial practice.
Article 6 (Notifying "Members")
- The “Company” can use emails, electronic messages within service when notifying “Members" unless otherwise specified in the agreement.
- The "Company" can substitute notice stated in the above by posting at a bulletin board of the “Company” for more than 7 days to notify the entire "Members". However, if it is a matter significantly affecting a transaction with a "Member" then it should be notified according to Clause 1.
Article 7 (Posting details of "Fee-based service")
The "Company" indicates the followings at the first screen of corresponding “Fee-based Service” or packages, FAQ for "Members" to easily notice.
- Name or title of "Fee-based service"
- Name (company name for a company), address, phone number of "Fee-based service" producer
- Details, user guide, fees, other terms and conditions for "Fee-based service"
The minimum specifications required for a device to use and using "Fee-based service" by the "Company" comply with ‘Recommended Specification’.
Article 8 (Conclusion of the user agreement)
"Members" apply for subscription according to the following or similar procedures provided by the "Company". The "Company" provides information before entering into a contract on each of the following so that "Members" can clearly understand and make transactions without making mistakes.
- Check and select “Fee-based service”
- Select a method of payment and enter payment options
- Check application to subscribe “Fee-based service” or accept confirmation from the "Company"
The "Company" can refuse or defer to accept application from a "Member" in the following cases. The Company must notify a member whose application is refused or deferred, except when it is impossible to notify a member by reasons not caused by the Company’s faults.
- When not using own name or using other person’s name
- When entering false information or failing to enter details required by the "Company"
- When a minor is subscribing to “Fee-based service” which is prohibited by relevant laws including the Juvenile Protection Act
- When there is no room for service equipment, or there are technical or business problems
- When service fee is not paid or cannot identify a payer
- When a minor under the age of 19 applys without a consent from a legal representative
- When making payments by using someone else’s methods of payments without the name holder’s agreement or consent
- When it is deemed impossible to approve based on the member’s faults
The agreement is concluded at the time of indicating “Completion of subscription”, “Completion of Purchase” during the process of application.
A "Member" needs to agree with this agreement and pay fees according to the terms of conditions for each service to use “Fee-based service”.
Article 9 (Special rules for minors)
The "Company" discloses before entering into an agreement that a minor or legal representatives can cancel the agreement when the minor under the age of 19 enters into a contract without consents from legal representatives like parents or receive confirmation after entering into the agreement when using fee-based service.
Article 10 (Methods of payment)
The methods of payment for using “Fee-based service” can be selected from the followings. A member should take necessary steps presented by a provider of that method before using the method of payment if there is a separate service provider for that method of payment. The company regards the members as agreeing to the procedures and the agreement presented by the provider of payment methods when paying fees for the service provided by the Company. However, the "Company" does not collect any charges from a "Member".
- Various types of transfers including a phone banking, an internet banking, a mail banking
- Payments by various cards including a prepaid card, a debit card, a credit card
- Online transfer
- Payment with digital money
- Payment with points rewarded by the "Company"
- Payment with a gift voucher contracted with the “Company" or recognized by the "Company"
- Payment with a phone or a mobile phone
- Payment through other electronic methods of payments
The Company can additionally ask for personal information from a member to make payments, and the Member should accurately provide personal information requested by the Company. The Company is not responsible for damages suffered by a member if damages are caused because the member provided false or inaccurate personal information unless there are mistakes or negligence by the Company.
Monthly accumulated payments and the number of recharges can be limited according to the policy of the “Company” or standards of account settlement providers (telecommunication providers, credit card companies) stated in Clause 1. Further access to “Fee-based service” may not be possible if exceeding corresponding limits.
Consents from legal representatives are required when a minor under the age of 19 makes payments through a credit card, a cell phone payment, a real-time account transfer.
A legal representative can select one from “Cell phone certification/I-Pin/Fax/Mail/ by Vising/Certificate” according to a guide provided by the Company to give a consent for payments by a minor as stated from Clause 4, and the Company notifies the agreement and the payment details to the legal representative through an email after the consent is given. If a member who is a minor engages in an action carrying obligations including making payments without consents from their legal representatives, then the member who is a minor or a legal representative can cancel the contract according to relevant laws. However, fraud committed by a minor is excluded.
The Company does not additionally charge or return fees for the amount increased or reduced against previously made payments even when the fees are changed while using fee-based service.
Article 11 (Providing and suspending fee-based service)
- The "Company" provides service according to Article 11 of "VCNC User Agreement".
- If the Company can no longer provide “Fee-based service” for reasons of changing types of business, abandoning business, merging with other companies then the "Company" notifies “Members” in a method stated in Article 6 [Notifying "Members"] and compensates “Members” according to the terms and conditions initially presented by the "Company".
Article 12 (Changing service)
Changes to “Fee-based service” comply with Article 12 of "VCNC User Agreement". However, if the changes are important or unfavorable to “Members” then the "Company" notifies “Members” receiving “Fee-based service” by ways stated in Article 6 [Notifying "Members"]. The "Company" provides service before making changes to those "Members" who refused to agree. However, if that service cannot be provided then the Company can stop the said service or cancel the contract. Refunds will be made according to Article 14.
Article 13 (Withdrawal and cancellation, termination by "Member")
“Fee-based service” of the "Company" includes service that cannot be withdrawn as regulated from "Contents Industry Promotion Act" and "Guidelines to protect contents users". The "Company", in this case, has to take one of the following actions according to the same law restricting the right to withdraw from subscription.
When the fact on “Fee-based service” that cannot be withdrawn once subscribed is included in disclosures
When providing test products
When providing service temporarily or for partial access to service
"Members" can cancel or terminate the contract under the following cases.
- When the company failed to correct or rectify defects of “Fee-based service” then within 1 month from the day “Fee-based service” is supplied
- When withdrawing from membership because a “Member” using “Fee-based service” did not agree to this or to “VCNC User Agreement” or when a “Member” cancels a contract for “Fee-based service”
Cancellation or termination of the contract stated in Clause 2 becomes effective when the intention is expressed to the “Company” by a “Member” by calling or sending an email.
The "Company" replies without delay to the “Member” after receiving the expression of intention to cancel, terminate the contract from the “Member” according to Clause 3.
"Members" can request to rectify defects in using service by setting a considerable time aside before expressing the intention to cancel, terminate the contract for reasons stated in Clause 2.1. However, if the "Company" decides that it is impossible to rectify the defects then this should be notified to “Members” at once and can cancel, terminate the contract.
Article 14 (Effects of cancelling, terminating the contract by "Members")
The "Company" should refund a “Member” in the same manner as payment is made within 3 business days from the day of replying to the expression of intention to cancel, terminate the contract, and if it is impossible to refund in the same manner then this should be notified in advance. However, if it is a method of payment requiring confirmation of receipt then this should be refunded within 3 business days from the day of confirming receipt.
If the "Company" is refunding according to Clause 1 then the Company can refund by deducting amount equivalent to gains obtained by a “Member” from fee-based service.
The "Company" request at once to suspend or cancel payment including goods to a business operating providing a payment method when a payment including goods is made by way of a credit card or digital currency by a “member” when refunding the above. However, this may not applicable for Clause 1 or Clause 2.
If the "Company", "those who received payments for fee-based service" or "those who signed contract with a member for fee-based service” are not the same person then individuals are responsible for fulfilling obligations related with refunds by withdrawal from subscription or cancellation, termination of the contract.
Members can raise objections against fees for fee-based service. However, objections against fees for fee-based service should be raised within 1 month from the day of knowing causes and within 3 months from the day the causes occur.
Expenses required for refunding are responsible by members if the cause for refund lies with members, and the company is responsible if the cause lies with the company.
The Company can check payments made by members in relation with service provided to the phone payment service mediation center within a scope required to solve problems when there are requests for mediation because of objections by members in relation with payments made with cell phone or matters equivalent to this.
Article 15 (Canceling, termination of the contract by "Company" and limiting access)
The "Company" can cancel, terminate the contract or limit accesses to service by setting aside a period without advanced notice based on Article 18 (Limiting Access) from “VCNC User Agreement” when a "Member" conducts an actions stipulated in the corresponding article.
If the "Company" is refunding according to Clause 1 then the company can refund a “Member” by deducting amount equivalent to gains obtained from fee-based service or refund fees (bigger amount between 10% or 1,000 Won).
Cancellation, termination from Clause 1 becomes effective when the intention is expressed to a “Member” in ways as decided by the "Company".
A “Member” can raise objections against cancellation, termination or limiting access through a procedure set by the "Company". If the “Company” decides that the objection is just then the "Company" resumes to provide service at once.
Article 16 (Effects of cancelling, terminating the contract by "Company")
The effects of cancelling, terminating the contract according to faults caused by a “Member” comply with Article 15. However, the "Company" makes a refund in the same manner as payment is made within 3 business days from the day of expressing intention to cancel, terminate the contract to the "Member". However, if it is impossible to refund in the same manner then this will be notified in advance.
Article 18 (Excess charges)
If the "Company" charges in excess then the full amount charged in excess should be refunded in the same manner as payment is made. However, if it is impossible to refund in the same manner then this will be notified in advance.
If there are excess charges by faults caused by "Company" then refund the full amount charged in excess regardless of expenses or charges. However, if an excess charge is caused by faults caused by a "Member" then expenses required to make a refund by the "Company" are to be paid by the “Member” within reasonable range.
The "Company" has the responsibility to prove that fees were charged justly when refusing to refund excess charges raised by a "Member".
The "Company" complies with “Guidelines to protect contents users” for procedures to make a refund for excess charges.
Article 19 (Period of use)
The period of use for “Fee-based service” is for 1 year from the day purchased unless otherwise stated separately in advance. The right to use “Fee-based Service” becomes extinct and deleted from my list when the period of use expires.
Article 20 (Compensation to Members caused by defects in contents)
The "Company" complies with “Guidelines to protect contents users” for standards, scope, methods and procedures for compensating members caused by defects in “Fee-based service”.
Article 21 (Limitation on liability)
- The "Company" is exempted from liability to provide “Fee-based service” due to changes in relevant laws, natural disasters or under equivalent unforeseeable circumstances.
- The "Company" is not responsible for interruptions in fee-based service caused by faults caused by "Members".
- The "Company" is not responsible for information, data, reliability of facts, accuracy in relation with “Fee-based service” posted by “Members”.
- The "Company" is not responsible for disputes between "Member" or between a “Member” and a third party with “Fee-based service” as a medium.
Article 22 (Applicable laws and Trial jurisdiction)
- The applicable laws for lawsuits between the "Company" and "Members" are Korean laws.
- A court according to relevant laws will be a court for the first trial for disputes between the "Company" and "Members".
This agreement is applicable from 21 Aug 2014.