Article 1 (Purpose)
This terms and conditions (this "Agreement") is entered into between Cafe24 Corp. (the "Company") and the Members (defined below) to set forth the rights, obligations, and other necessary provisions concerning the use of the service provided by the Company to protect the rights and interests of the parties to this Agreement and to promote mutual prosperity.
Article 2 (Definitions)
- ① Capitalized words used in this Agreement shall have the following meaning:
- 1. "Services" shall mean Online Store Services, Additional Services, and Affiliate Services that the Members can use to sell products or services on the Internet.
- 2. "Member(s)" shall mean individuals who created accounts of the Company by providing his/her information to use the Company's Services.
- 3. "Account (ID)" shall mean the Account (ID) created when the Members sign up.
- 4. "Multi-language Store" shall mean each online store that the Member created with his/her Account (ID); each online store may be created in various languages (Vietnamese, Chinese, Japanese, English, Korean, etc.).
- 5. "Online Store Services" shall mean services such as online store platform, hosting platform, and basic domain that are necessary for the Member to operate an online store.
- 6. "Additional Services" shall mean services of the Company other than the Online Store Services.
- 7. "Affiliate Services" shall mean services of a third-party company affiliated to the Company ("Affiliate Company") which the Members have access to.
- 8. "Inactive Account" shall mean an Account (ID) which is being restricted access due to the Member's non-access to the account for an extended period of time, following from the Company's advanced policy notification.
- ② Terms not defined in the preceding paragraph shall be interpreted in accordance with the Company's service guide or standard business practices.
Article 3 (Effect and Amendments of the Terms)
- ① The Company shall post the contents of this Agreement on the relevant Services Website so that the Members may be well informed.
- ② The Company may amend this Agreement to the extent that it does not violate related laws and regulations.
- ③ When the Company revise any of the terms and conditions in this Agreement, the reason for the amendment and the date of application shall be specified and announced on the Website or through a page link to the Website at least 7 days prior to the date of application. However, if the amendments of this Agreement are detrimental to the consumers, the notice shall be announced with a 30-day grace period.
- ④ If the Company provides notice to the Members according to the preceding paragraph and clearly state that the Member's inaction shall be construed as approval, and when the Members do not provide their opinion, the amendment/revision shall be deemed approved. If a Member does not agree to the revised Agreement, the Member may terminate the amended Agreement.
- ⑥ Matters not provided for in this Agreement shall be applied in accordance with the relevant laws and regulations, and standard business practices.
Article 4 (Establishment of the Agreement)
- ① This Agreement shall be executed by the Company's acceptance of the application made by the person who wishes to use the Services after checking the contents of this Agreement and filled out the form with information necessary information for the operation of the Services.
- ② The Company shall regard the information of the Account (ID) created by the Members as the Member's information and deem the holder of the Account (ID) as the contracting party to this Agreement.
- ③ The Company may refuse to approve the application to enter into this Agreement if any of the following is applicable:
- 1. Subscribed to a Service in the name of another person;
- 2. False information was provided or required items were not provided;
- 3. When the applicant refuses to submit documents necessary for one's business identity verification and/or any other identity verification;
- 4. When there is a history of termination of this Agreement by violating the law or the terms and conditions of Services;
- 5. When there is a history of using the Services for the sexual purposes or in a way that harms the of damaging public order and good morals;
- 6. When there is a history of being restricted for posting illegal or unreasonable advertisements;
- 7. When there is a history of illegal use of the Services, such as infringing the rights of others;
- 8. When a minor under 15 years of age or a person of limited capacity who has subscribed without the consent from their legal representative;
- 9. When the applicant is behind payment for the Company's Services or have a history of multiple late payments; and
- 10. When it is difficult to accept this Agreement due to the applicant's fault.
- ④ The Company may withhold to conclude this Agreement if any of the following is applicable:
- 1. National emergencies, or act of God such as natural disasters or war, or other unavoidable events;
- 2. Extremely difficult circumstances which hinder the Company's task performance;
- 3. Insufficient quality maintenance or lack of necessary equipment or manpower; and
- 4. Difficulty in approving the Agreement due to technical/managerial circumstances.
- ⑤ If circumstances fall within Article 4(3) and (4) of this Agreement, the Company may withdraw the acceptance of this Agreement after providing prior notice pursuant to Article 6.
Article 5 (Collection and Management of Personal Information.)
- ② By executing this Agreement, the Member expressly consent to the Company's use of the personal information and acknowledges the duty to provide the information (including personal information) necessary for the use of the Services in accordance with the facts as determined by the Company, and if a false information or another person's information is misused, the use of the Services may be suspended or this Agreement terminated.
Article 6 (Notice to the Members)
The Company shall provide notification through e-mail, SMS, etc. provided by the Member unless otherwise specified in this Agreement. However, the Company may replace the method of notice by posting a prior announcement on the Company's website for more than 7 days in the case notification to all or a large number of Members is needed to be distributed.
Article 7 (Commencement of the Services)
- ① The Company will start the Services when this Agreement is duly executed and the Service fee is paid. However, if there is a reason not to provide its Services immediately, the Members will be notified according to Article 6 with the reasons and amended schedule.
- ② The Company may request the Members to verify his / her identity before the commencement of the Services. If the Member's identity verification process is not completed, the Company may postpone the commencement of the Services until completion.
Article 8 (Type of Services)
- ① The Services provided by the Company under these terms and conditions are as follows:
- 1. Online Store Services;
- 2. Additional Services;
- 3. Affiliate Services; and
- 4. Other services for building, operating, and managing an online store.
- ② Details of the Services provided in the preceding paragraph shall be specified in the relevant guides within the Company's Website.
- ③ Some of the Services provided in Paragraph 1 of this Article may not be available depending on the Member's service environment.
- ④ When the Company newly establish or make changes to its Services, the Company may do so by notifying the contents in advance according to Article 6.
Article 9 (Use of the Services)
- ① The Member will use the Services 24 hours a day, 7 days a week unless there is a particular problem in business or technology. However, some of the Services may have different usage times depending on their policies.
- ② The Member shall have access to the conditions of use and policies of each Service through the Company's service's guide, and the Member must read the them carefully before using any of the Services.
- ③ The Member can use the Services for free or for a fee depending on the conditions of use provided by the Company. The specific details can be found within each service's guide.
- ④ When a Member subscribe to the Services and this Agreement is established, the PC version and the Mobile version of online store (Vietnamese) will be created and be available for use automatically. The Members can create up to 5 Multi-language Stores (Japanese, Korean, Chinese, English, etc.) per Account (ID). However, the stores cannot be deleted once customer accounts are created, orders are placed, or posts are posted.
- ⑤ The Members may use different languages, currency, and main theme for each of the Multi-language Stores.
- ⑥ The Members can specify which products to display from in the Product DB for each of the Multi-language Stores.
- ⑦ The Member can apply one theme to several Multi-language Stores. However, such application shall be subject to confirmation as to whether the license for the relevant theme allows the Member to apply the theme to multiple stores. If there is any dispute related to the theme's license, the Company will not intervene in this matter and shall not bear any responsibility.
- ⑧ The Member may name, at his/her own risk, sub-admins and give them permissions, or change or remove the permissions granted to
them. Any acts of the sub-admins whose authority have been designated by the Member shall be regarded as the actions of the Member.
- ⑨ The Members can select and use one or more payment methods from the various payment methods (credit card, electronic wallet, bank transfer, mobile payment, etc.) provided by the Company.
- ⑩ The Members shall use the Additional Services provided by the Company if video or MP3 uploading is required.
- ⑪ The Company shall consider any Account (ID) without login activity for more than 90 days as an Inactive Account and restrict its access. If the Inactive Account status is not reversed for 90 days after it was set as "Inactive," the Company will terminate this Agreement with the Member and delete the relevant Account. The deleted Account (ID) will not be restored afterwards.
- ⑫ The Members must back up the data in his/her account to a separate storage device before deleting the Account (ID). After the account (ID) is deleted, the data cannot be backed up.
- ⑬ The Members can use the Services only for the purpose of the designated e-commerce operation (using the product registration function).
- ⑭ The Members shall use the Services for their intended ecommerce operation purposes (product registration tool), and you should not use it for other purposes (website, board, archive, unapproved ecommerce purposes) without prior consent.
- ⑮ Some or all of the Services may not be available depending on the Member's user environment.
Article 10 (Service Fees)
- ① The Members shall pay the service fees that are set for each Service according to the use and as required by the Company.
- ② The service fees may be changed due to the increase in cost, changes in the market environment, or the operation policies. The Company shall notify the Members in advance of the related details and termination date according to Article 6.
- ③ The Members shall pay the service fees in the manner prescribed by the Company. If the service fee is paid in any other way, the Member shall notify the Company of the payment so that the service application and renewal can be correctly processed. When the service is suspended due to failure to adhere to this paragraph, the Company shall not be held liable.
- ④ The Company may restrict the use of free services provided by the Company (Online Store Services, etc.) and the use of paid services if the payment of service fees described under this Article is in arrears.
Article 11 (Use of the Affiliate Services)
- ① The Members may freely select and use the Affiliate Services. However, if a use of any of the Services is required in accordance with the relevant laws and regulations, the Company may inform and recommend the use of such services.
- ② The Company shall not bear any responsibility for the Affiliate Services provided between the Member and the Affiliate Company, provided there is no negligence or fault may be assigned to the Company.
- ③ Provision of the Affiliate Services may be ceased according to the Affiliate Company's policy. Upon termination of the Affiliate Services, the Company shall provide advanced notice of such termination and schedule in accordance with Article 6 of this Agreement.
Article 12 (Rights and Obligations of the Company)
- ① The Company shall provide the Services to ensure the Members' stable use of the Services.
- ② The Company shall do its best to maintain and repair facilities and equipment for the Services and to promptly repair or restore the Services whenever failures occur.
- ③ As a general rule, the Company shall promptly deal with legitimate requests such as the opinions/issues raised by the Members. If the processing of such request becomes delayed, the details and application date will be notified according to Article 6.
- ④ The Company reserves all rights to the Services provided by the Company and any attached images related to the Services. The Company grants the Member the right to use the Services provided by the Company.
- ⑤ The Company may collect and use date in relation to the use of Services, and such data shall be the Member's sales data, records of advertisement, and the number of visitors to each Member's online stores, and the data collected shall be used to prepare statistics and provide efficient Services.
- ⑥ The Company may access the Member's admin websites to diagnose or resolve a problem in the event of a system error or failure.
- ⑦ The Company assumes no responsibility for the products, images, and related information that the Members sell or post in their Multi-language Stores.
- ⑧ If the goods or information sold or posted by the Members are illegal, and if by the Supervisory Authority requests administrative action, the Company may take necessary measures without obtaining the Member's prior consent.
- ⑨ If the Company suspects that the Member's business information is incorrect, the Company may set a deadline and request the Member for supporting documents. If the said Member fails to submit documents before the given deadline the Company may restrict the Member's use of the Services.
- ⑩ If the Company receives a complaint about the Member, such as matters regarding dishonest sales of goods from a supervisory authority and consumers, the Company may set a deadline and request for an explanation from the Member. If the s/he fails to submit documents before the given deadline the Company may restrict the Member's use of the Services.
- ⑪ The Company may restrict the use of the Services without prior notice if there a dispute between the Member and the Company or a third party, and the legal proceedings require the suspension of the Services.
Article 13 (Rights and Obligations of the Members)
- ① The Members have the obligation to frequently check the Company's operation policies and notices.
- ② The Members shall thoroughly manage the ID and password provided by the Company to prevent disclosure to any third party.
- ③ The Members must keep his or her personal information such as emails and phone/mobile numbers provided to the Company up-to-date. If the Member's negligence leads to the Company not receiving adequate notice, the Member shall be liable for damages.
- ④ The Members must operate and manage their overall sales activities through the Services under their own responsibility and fulfill their obligations as a trading partner concerning the transactions with customers.
- ⑤ The Members shall post factual information and materials in selling products at the Multi-language Store.
- ⑥ The Members shall operate the Multi-language Store by only using goods and images that do not breach any laws, regulations, and third-party rights.
- ⑦ The Members shall delete and manage any inappropriate and illegal posts posted by the users on the Multi-language Store.
- ⑧ The Members shall collect and use the personal information of their store's users according to the proper procedures and manage it according to the laws related to personal information.
- ⑨ The Members shall not sell goods or post images that may disturb the public order and good morals or the social order.
- ⑩ If the Member expect sudden increase in traffic to his/her online store in a short period of time due to advertising and promotional campaigns, etc., the Member shall notify the Company in advance, and shall prepare countermeasures in consultation with the Company. However, in the event of failure to provide adequate notice to the Company or the Company's countermeasures fail due to miscalculation of the traffic, the Company shall not be liable for any damages.
- ⑪ The Members must store data and images of goods for sale in his/her own storage device in contemplation of an event where the stored data may be damaged or lost due to various reasons due to various reasons caused by the characteristics of the Internet environment.
Article 14 (Security System Management and Obligations)
- ① In the case of serious and urgent program defects or failures or when similar problems arise, the Company may delete or change the Member verification data and other relevant information.
- ② The Members shall not conduct the following acts which may threaten the security of the Company or other users:
- 1. Distribution of malicious programs such as computer viruses;
- 2. Scan the Service and other systems for vulnerabilities and other illegal intrusions;
- 3. Interfere with the Company's regular service by causing a large amount of traffic; and
- 4. Any other infringement that may interfere with the Company's business.
- ③ The Members shall notify the Company immediately if any abnormality that may threaten the security or any incident of infringement arises while using the Services.
- ④ The Members must maintain up-to-date contact information at all times in case of an emergency.
- ⑤ The Company may not provide the notice to the Members regarding security-related measures pursuant to this Article or may notify the incident after the preemptive measures have been taken.
Article 15 (Provision of Information and Publication of Advertisements)
- ① The Company provides service guidelines and policies necessary to use the Services through notices/announcements on the Homepage.
- ② The Company may provide various information with the consent of the Member. However, responses regarding transaction information and customer inquiries do not require consent.
- ③ The Company may post various advertisements on the Service's page and the Website in relation to the Services.
- ④ The Members shall not arbitrarily change or modify the postings related to the Services, or other information provided by the Company.
- ⑤ The Company acts as a general advertising medium for the various information and advertisements posted on the Website that are not directly provided by the Company, and the Company does not guarantee or assume any responsibility for any issues that may arise from trusting such advertisements or resulting transactions the transactions.
Article 16 (Intellectual Property Rights and Infringements)
- ① The Company holds all copyright and other intellectual property rights to the Services.
- ② The Company holds copyright rights (copyrights, performance rights, public broadcasting rights, exhibition rights, distribution rights, rental rights) and adaptation rights over intellectual properties posted or uploaded by the Members such as images and other posts. The Company may use such intellectual property products to promote its Services on the Website or other media.
- ③ The Members shall not copy, transmit, publish, distribute, broadcast, sell or otherwise perform any similar acts to information, technology, materials, or system provided by the Company, and shall not use such information for profit-making purposes unless consent has been provided by the Company.
Article 17 (Suspension of the Services)
- ① The Company may suspend the provision of the Services without prior notice if any of the following are applicable:
- 1. Urgent need of maintenance or review of the facility;
- 2. Power failure, equipment failure, or network congestion resulting in a prohibition of reliable provision of the Services;
- 3. Failure of equipment which cannot be predicted such as a disk or system failure;
- 4. Failure in services caused by companies such as an external communication company, the power company, the common telecommunications service provider;
- 5. External intrusions such as Distributed Denial of Service (DDoS) attacks or when other external intrusions occur or are expected;
- 6. The Service is used as a medium, or waypoint for hacking, server attacks, and spreading malware;
- 7. The Service is used for spreading computer virus, malware, etc., or used for hacking or server attacks;
- 8. Impossible to provide the Services due to natural disasters or national emergencies; and
- 9. Any other significant operational/management reasons that the Company cannot provide the Services.
- ② The Company shall not be liable for any damages caused to the Members resulting from the suspension of the Services pursuant to this Article.
Article 18 (Restrictions of Use)
- ① The Company may restrict the use of the Services after prior notice if any of the following are applicable:
- 1. Difference in information between registered information and actual information;
- 2. When the Services are used outside the designated e-commerce's scope of use (Website, archive, bulletin board, etc.);
- 3. Late payment of service fees;
- 4. Failure to submit the information or data required by the Company within the deadline for submission;
- 5. When the Company requested to verify the facts or provide an explanation but failed to do so within the deadline for submission;
- 6. If correction is requested to an issue caused by the Member but not corrected within 7 days from the date of notification;
- 7. Account (ID) has been changed to "Inactive" because the Member did not log in for a long time (90 days);
- 8. The Member cannot be reached by the phone number provided by the him/her (more than 2 attempts; once every 2 days);
- 9. If the Member installs, link, or connects any other website or program not authorized by the Company;
- 10. Disassemble, modify, manufacture or delete any or all of the Services without obtaining prior consent from the Company;
- 11. If a report of copyright infringement, from a person who is assumed to be a valid copyright holder, is received and the Company requested for clarification, but there is no reasonable explanation provided within 3 business days;
- 12. Sell or post obscene or harmful goods or information;
- 13. The Services are used for purposes other than for the legal operation;
- 14. Posting or distributing videos or MP3s without using the Additional Services;
- 15. Sending promotional information against the recipient's wishes;
- 16. Transferring any of the rights and obligations provided in this Agreement without prior approval from the Company, or offering them as collateral;
- 17. Defame or insult another person;
- 18. Conduct acts that infringe the rights of the others;
- 19. Conduct acts that interfere with business of other Members or the Company;
- 20. Violation of duties and obligations provided in this Agreement.
- ② The Member may apply for the cancellation of the Company's restriction of use, and the Company will relieve the Member if the request is justified. However, deleted products and images shall not be recovered.
- ③ The Company shall not be responsible for any damage caused to the Member due to the restriction of use under this Agreement.
Article 19 (Termination)
- ① The Member may notify the Company of the termination of this Agreement by requesting to unsubscribe from the relevant service at any time, and, unless otherwise specified, the Company shall terminate this Agreement as soon as possible from the termination date requested by the Member. However, if there are any unpaid service fees, such outstanding fees must be paid in full, in accordance with the procedures established by the Company.
- ② When the Member applies for the transfer of Services to a third-party company, the Company shall proceed with the transfer, taking account of the Company's schedule. However, the use of the Services may be suspended for one to two days due to the transfer of the cache of the name server, which is inevitable due to the nature of the Internet environment.
- ③ The Company may refuse to cooperate if the Member requests decrypted personal information in violation of relevant laws or requests for conversion in a manner other than the policy prescribed by the Company.
- ④ The Company may terminate this Agreement by providing prior notice if the Member falls under any of the following subparagraphs:
- 1. The Member has been restricted to use the Services more than twice over a period of 1 year;
- 2. This Agreement is terminated if an Inactive Account is not reactivate within 90 days after it was deactivated;
- 3. Subscribed to the Services with a stolen identity; and
- 4. If there is a serious violation of the relevant laws and this Agreement.
- ⑤ The Company shall not be responsible for any damages caused to the Members due to the termination of this Agreement pursuant to Article 19(4) above.
Article 20 (Confidentiality)
The Members shall not disclose or provide to third parties any information and materials obtained in connection with the Services provided by the Company with a third party without the Company's prior written consent.
Article 21 (Assignment)
The Members shall not assign any rights and obligations provided under this Agreement without the Company's prior consent.
Article 22 (Damages)
- ① The Company and the Members shall be liable for any damages caused to the other party by violation of any clause in this Agreement.
- ② However, considering the characteristics of the Internet environment, compensation for damages caused by the suspension of Services and or failure shall be reimbursed as follows:
- - If a service is suspended for more than 3 hours, the amount of relevant damages shall be calculated by taking the average usage fee paid on a daily basis over the 3 months preceding the suspension of the service, dividing it by 24 hours, multiplying the result by the number of hours during which the service was suspended, then multiplying it again by 3; however,
- - Failure to provide the Services for less than 3 hours shall not be compensated, and the suspension time shall be calculated from the time when the Member notifies the Company of the issue.
- ③ Notwithstanding the foregoing, the Company shall not be liable for any damages caused to the Members for services not directly operated by the Company, such as the Affiliate Services.
Article 23 (Limitations of Liability)
- ① The Company makes no guarantees on the accuracy and reliability of any information posted or transmitted by the Members through the Services.
- ② The Company shall not be responsible for any failure of the Services which is caused by the Members.
- ③ The Company shall not be held responsible for not being able to provide the Services because of issues that are not due to the Company's mistake and that the Company could not foresee, such as hardware (disk, etc.) failures, system failures or errors due to external telecommunications companies, power companies, and telecommunications carriers.
- ④ The Company shall not be responsible for any damage or loss caused to all or part of the Member's data in the server due to hardware failures, or communication network failures.
- ⑤ The Company does not guarantee any revenue to the Members expect from using the Services, and the Company shall not be responsible for any damages incurred by using the data obtained through the Services.
- ⑥ The Company has no duty to intervene nor shall be liable for any damages in the event of a dispute between the Members and a third party using the Services as an intermediary.
- ⑦ Unless relevant laws and regulation dictate otherwise, the Company shall not bear any and all liability regarding the Services which are provided free of charge.
Article 24 (Governing Law and Dispute Resolution)
- ① All disputes arising out of this Agreement shall be governed by and construed in accordance with the laws of Republic of Korea.
- ② Any dispute related to this Agreement shall be resolved amicably between the Parties through mutual agreement. Despite the foregoing, if a settlement cannot be reached, the dispute shall be adjudicated and be finally settled by arbitration in accordance with the Korean Commercial Arbitration Board.
The number of arbitrators shall be .
The seat, or legal place, of arbitral proceedings shall be held in Korea.
The language to be used in the arbitral proceedings shall be Korean.
Article 25 (Additional Provisions)
Matters not specified in this Agreement shall be construed and resolved in accordance with the Company's service guide, related laws, and standard business practices.