Chapter 1 General Provisions
Article 1 Purpose
1. The purpose of these Terms and Conditions is to regulate the rights, obligations, and responsibilities of KOtact Co., Ltd. (hereinafter referred to as the "Company") and users related to the use of various services provided by the Company, including free and paid services and products related to computer, information and communication equipment, as well as applicable to the use of smartphone and tablet apps provided by the Company.
Article 2 Definitions
1. "Company" refers to KOtact Co., Ltd., which provides virtual online stores for transactions of free and paid services and products related to computer, information and communication equipment and services described in Paragraph 2 of this Article.
2. "Service" means internet-related services provided by the Company.
3. "Content" refers to pre-produced videos, related materials or information provided online by the Company, regardless of the form of information, such as codes, characters, voice, sound, images, or videos used in communication networks.
4. "Goods and services" refer to all products and services sold by the Company using the services provided and include "Content."
5. "User" refers to a person or member who uses the services provided by the Company in accordance with these Terms and Conditions.
6. Any term not defined in this Article shall be defined in the individual agreement, operation policy, and general commercial practices.
Article 3. Specification, Explanation, and Revision of the Terms and Conditions
1. The Company shall post on the initial screen (front page) of the service the contents of these terms and conditions, as well as its name, representative's name, business address (including the address of the place where consumer complaints can be processed), telephone number, email address, business registration number, and telecommunication sales report number, in a manner that is easily accessible to users. However, the contents of the terms and conditions may be made available through a connected screen.
2. Before users agree to the terms and conditions, the Company shall provide a separate connected screen, pop-up screen, or other means to ensure that users understand important contents specified in the terms and conditions and obtain confirmation from them regarding the terms and conditions.
3. The contents of these terms and conditions shall be posted on the service screen or announced by other means, and they shall become effective for all users who agree to the terms and conditions.
4. Within the scope of not violating related laws, such as the Electronic Commerce Act, the Act on Regulation of Standardized Contracts, the Electronic Documents and Transactions Act, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Door-to-Door Sales Act, and the Consumer Basic Act, the Company may revise these terms and conditions as necessary. If these terms and conditions are changed, the Company shall announce the changes on the service announcement board or separately notify users at least 7 days before the effective date. However, if the changes include content that is disadvantageous to users, the Company shall notify users at least 30 days prior to the effective date.
5. If the Company provides notice or notification under the preceding paragraph and clearly informs users that if they do not express their intention to refuse, they will be deemed to have agreed to the revised terms and conditions within seven days from the date of notice or notification, users who do not express their intention to refuse are deemed to have agreed to the revised terms and conditions.
6. If the Company revises these terms and conditions, the revised terms and conditions shall apply only to contracts entered into after the effective date, and the pre-revision terms and conditions shall apply to contracts already entered into. However, if a user who has already entered into a contract sends a notice to the Company within the notification period for the revised terms and conditions under Paragraph 3 stating their intention to apply the revised terms and conditions and obtains the Company's approval, the revised terms and conditions shall apply.
7. Users have the right to refuse to agree to the revised terms and conditions, and if they do not agree, they cannot use the service subject to the revised terms and conditions.
8. Matters not specified or interpreted in these terms and conditions or related operating policies shall be governed by the Act on Regulation of Standardized Contracts, other laws related to the service, or customary practices.
Chapter 2. Service Agreement and Information Protection
Article 4. Use of Service
1. When the user enters the required information on the application form provided by the company and agrees to the terms and conditions and other items requiring the user's consent, the user becomes a member and a service agreement for using the service is concluded.
Article 5. Restriction on Use of Service, etc.
1. The company may not approve the use of the service or impose sanctions or terminate the service agreement after the fact under the following circumstances:
1) When the user uses another person's personal information, such as their name or email address
2) When false, missing, or misleading information is provided on the membership application form
3) When the service is intended to be used for inappropriate purposes
4) When the user violates the law or these terms and conditions or is deemed to be acting unfairly based on the company's reasonable judgment
5) When it is confirmed that a person under the age of 14 has joined the service without the consent of their legal representative
6) When the same information has already been submitted
2. The company may suspend the approval of the use of the service or suspend the service under the following circumstances. If the use of the service is suspended, the company shall post the reason for the suspension, the time when the service will be available again, and any other relevant information on the service screen or notify the user individually pursuant
1) When there is no capacity on the service equipment for providing the service
2) When there is a technical problem that affects the provision of the service
3) When the company deems it necessary financially or technically
Article 6. Notification to Users
1. When the company provides a notice related to the user or the service, unless otherwise specified in these terms and conditions, the company may use the email address provided by the user, the company's website, or the related services for notification purposes.
2. If the matter does not significantly affect the user's rights, the company may post the notice on the service for at least seven days instead of providing individual notification under paragraph 1.
Article 7. Protection of Personal Information
1. The company may collect the user's personal information within the minimum necessary range to provide the service.
2. The company makes efforts to protect the user's personal information in accordance with the Personal Information Processing Policy, the Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and other relevant laws and regulations. For more detailed information on the protection of personal information, please refer to the Personal Information Processing Policy.
Chapter 3. Use of Service
Article 8. Provision and Change of Service
1. The Company provides the following services to users:
1) Korean name naming service: a service that provides users with information and content related to Korean names both online and offline, and all related services and additional services that allow users to use them personally and share them with third parties.
2) Other business designated by the company.
2. In the case of technical specifications changes of products and services or other necessary changes, the company may change or terminate the content of the products and services to be provided through contracts to be concluded in the future. In this case, the Company will either announce the changed content of the products and services in the current location where the content is posted or immediately discontinue the provision of such products and services.
3. If the company changes the content of the service that it has entered into a contract with the user to provide, due to technical specifications or other reasons related to the product or service, it will notify the user in advance in the manner specified in Article 7, and if the service change significantly affects the user, it will notify the user individually by email or text message to their mobile phone number.
4. In the case of the preceding paragraph, the Company compensates for the damages suffered by the user due to the chargeable services provided. However, if the Company proves that there was no intention or negligence on its part, it is not liable for compensation, even for services provided free of charge.
Article 9. Suspension of Service
1. The Company may suspend all or part of the contents of the service in case of a policy change related to the provision of the service, the need to change the technical specifications of the service, or other significant reasons, including the following:
1) Regular or temporary inspections required for the maintenance of service facilities
2) Power outages, equipment failures, or excessive usage that interferes with normal service usage
3) Termination of contracts with related companies, government orders/regulations, or other situations where the Company cannot maintain all or part of the service due to its own circumstances
4) Other force majeure events such as natural disasters or national emergencies
2. In this case, the Company will announce the suspended service content, and if the service change significantly affects the user, it will notify the user individually. However, if the Company cannot predict or control the reason (disk or server failure without the Company's fault, system downtime, etc.), it may announce the suspension of service after the fact.
3. The Company will make every effort to resume the service as soon as possible in the event of a suspension of service due to the reasons specified in paragraph 1.
Article 10. Obligations of the Company
1. The Company shall not engage in any activities prohibited by law or this Agreement or contrary to public morals and shall make every effort to provide services continuously and stably in accordance with the provisions of this Agreement.
2. The Company shall take necessary measures to protect the user's personal information (including credit information) to ensure that the user can use the internet service safely.
3. However, the Company shall not be held responsible for any damages incurred due to reasons attributable to the user, such as the user's negligence in managing their personal information or sharing their account information with others.
4. . The Company shall have a security system to protect personal information (including credit information) to ensure the safety of personal information, prevent loss, theft, leakage, forgery, alteration, and damage of personal information, and handle complaints from users related to personal information without delay.
Article 11. Obligations of Users
1. Users must not engage in the following actions while using the service, and if they do, the company may impose sanctions on the user or hold them liable for civil or criminal penalties:
1) Registering false information when applying for or modifying information
2) Stealing someone else's information
3) Arbitrarily changing the information posted by the company
4) Transmitting or posting information (e.g. computer programs) other than the information designated by the company
5) Infringing on the copyrights or other intellectual property rights of the company or third parties
6) Damaging the reputation of the company or third parties, or obstructing their business activities
7) Disclosing or posting obscene or violent messages, images, audio, or other information that violates public morals or ethics on the service
8) Using the service for commercial purposes without the company's consent
9) Engaging in any other behavior that violates laws, public morals, social norms, or the "Terms and Policies" of this agreement.
Article 12 Ownership of Copyrights and Posting Related Matters
1. All copyrights and other intellectual property rights of works created by the Company are owned by the Company.
2. Users may not reproduce, transmit, publish, distribute, broadcast, or otherwise commercially use any information obtained from the Service that is subject to the Company's intellectual property rights without the prior approval of the Company.
3. If the Company provides services that allow user postings, the copyright of the posted content belongs to the user who posted it, except for all services and content related to MyKN, including the Korean name and name card service. The user is not granted any rights, including copyrights, to any services and content related to MyKN. All rights and copyrights to all services and content related to MyKN belong to the Company.
4. Except for the rights granted to the Company in these Terms and Conditions, users retain all rights to their postings. The Company cannot disclose the user's postings without their consent. However, if the user has distributed the posting for the purpose of sharing or has consented to the use, display, distribution, and modification of the posting, it is considered that the user has agreed to such use.
5. If the user's posting contains content that violates the law, the copyright holder may request the Company to take measures, such as discontinuing or deleting the posting, in accordance with the procedures set forth in the relevant laws, and the Company may take measures in accordance with the relevant laws. If a dispute arises as a result, the user must resolve the dispute at their own responsibility and expense and release the Company from any liability.
6. Even without the copyright holder's request, the Company may take measures, such as deleting or temporarily suspending a posting, without prior notice if any of the following apply:
1) It is deemed to violate the law or be associated with criminal activity.
2) There is reason to believe that it infringes on the Company's or a third party's rights.
3) It violates the Company's policies.
Article 13. Paid Services
1. The Company may provide all or part of the Service for a fee.
2. When the Company provides paid services, it shall provide a separate screen to indicate the usage fees, payment methods, exchange, refund procedures, and other related procedures in a way that users can understand.
Chapter 4. Telemarketing
Article 14. Purchase Regulations
1. All regulations in this chapter apply only to this chapter.
2. In purchasing products and services provided by the company through the use of services, users may purchase them through the following or similar methods, and the company must provide the following information clearly to the user during the purchase process:
1) Search and selection of products and services
2) Input of user's name, phone number, email address, etc.
3) Confirmation of expert information, product and service information, terms and conditions, and costs related to limited withdrawal of subscription rights, etc.
4) Indication of agreement to these terms and confirmation or rejection of the above-mentioned matters (e.g. mouse click)
5) Selection of payment method.
Article 15. Formation of Contract
1. The contract is formed at the same time as the user's purchase.
2. The company's guidance includes information on the user's purchase contract and other guidance.
3. However, if the purchase falls under the following items, the company may request confirmation from the user or guide the cancellation of the purchase:
1) If there is false information, omission, or errors in the application
2) If the company determines that there is a significant technical hindrance to providing the purchase.
Article 16 Payment Method and Purchase Commission
1. The Company may use the following methods for payment of the fees for intangible and tangible products, services, and the like purchased by users:
1) Various types of bank transfers such as phone banking, internet banking, etc.
2) Various types of card payments such as prepaid cards, debit cards, credit cards, etc.
3) Bank transfers without a bankbook
4) Mobile phone payments
5) Payments using prepaid electronic payment methods
6) Discount coupons
7) Payment by other electronic means.
2. The purchase commission is included in the amount paid by the user to the Company. The purchase commission may vary depending on the type of service and the category of experts, and may be subject to change. The Company shall notify users of any such changes on the Service screen.
Article 17 Notification of Receipt and Cancellation of Purchase
1. The Company shall send a notification of receipt to the user after the purchase is made. The notification of receipt shall indicate that the purchase has been completed, and shall include the expected completion date of the product or service.
2. If there is a discrepancy in the expression of intention, etc., the user who has received the notification of receipt may request cancellation of the purchase immediately after receiving the notification of receipt. The Company shall promptly process such request if it is made before the provision of the product or service has started. However, if the Company has already started or completed the work related to the product or service or has already sent it out, the user's request for withdrawal shall be handled.
Article 18 Refund
1. In the event that the Company is unable to deliver or provide the purchased products or services due to reasons such as sold-out items, the Company shall promptly notify the user of the reason and cancel the transaction and refund the user for the transaction amount if the user has already paid for the service or product. If the user requests a refund afterwards, the Company shall process the refund or take necessary measures for the refund within 3 business days to the payment method used for the transaction. However, if the amount paid by the user and the refund amount differ due to reasons beyond the control of the Company, such as internal rules of the platform, currency exchange rates, etc., the Company shall not be responsible for the difference in cost. However, the Company shall indicate this fact on the product and service page where the user trades to inform the user in advance. However, if the user fails to read or miss the notice, the Company shall not be liable.
Article 19 Exemption of Company's Liability
1. The Company shall be exempted from liability if it is unable to provide the service due to force majeure or other events beyond its control.
2. The Company shall not be responsible for any obstacles in using the service caused by the user's fault.
Chapter 5. Telecommunications Sales Intermediary Business
Article 20. Purchase Regulations
1. All provisions of this chapter apply only to this chapter.
2. In using the services provided by the company, the user shall purchase products and services using the following or similar methods, and the company shall provide the user with easy-to-understand information on the following items during the purchase process:
1) Searching and selecting products and services
2) Entering user information
3) Confirmation of company information, product and service information, terms and conditions, and shipping costs
4) Indication of agreement to these terms and confirmation or refusal of the above items (e.g., mouse click)
5) Request for purchase of products and services
6) Selection of payment method
Article 21. Receipt Confirmation Notice, Cancellation, and Purchase Confirmation
1. The company shall provide the user with a receipt confirmation notice after the purchase. The receipt confirmation notice shall indicate that the purchase has been completed. In addition, the expected completion date of the product and service shall be included in the receipt confirmation notice.
2. If there is a discrepancy in the expression of intention, etc. of the user upon receiving the receipt confirmation notice, the user may immediately request the cancellation of the purchase, and the company shall promptly process the request if there is a request from the user before the provision of the product and service begins. However, if the company has already started or completed work related to the product and service, or if it has already been shipped, the user may withdraw the offer.
3. Once the user confirms the purchase or the automatic purchase confirmation process is completed, the intermediary service ends, and therefore, it is generally impossible to refund or return the amount paid for the product and service, and the user may not raise any objection to the company.
4. If the amount to be refunded (returned) is different from the amount paid by the user due to the platform's internal regulations, exchange rate fluctuations, or other reasons beyond the control of the company during the process of processing the refund, the company shall not be responsible for the difference in cost. However, the company shall specify this fact on the product and service pages where the user trades, so that the user can be aware of it in advance. However, if the user fails to read or miss this information, the company shall not be liable.
Article 22 User's Obligations
1. Users must thoroughly review the information provided by the company regarding products and services before making a purchase decision.
2. Users must comply with these terms and conditions as well as all notices and instructions regarding service usage provided by the company. Users are responsible for any losses or damages resulting from their violation or failure to comply with such notices and instructions.
3. In the event of a dispute arising during the purchase process, users must make a sincere effort to resolve the dispute. If any losses or damages occur to products or services due to the user's failure to resolve the dispute in good faith, the user is solely responsible.
4. Users must use their own payment methods when making a purchase and must not use someone else's payment method without permission. Users are responsible for any losses or damages incurred by the company, experts, or the owner of the payment method as a result of the user's unauthorized use of someone else's payment method. However, the use of a payment method owned by a business to which the user belongs is an exception.
5. Users are responsible for all information they provide regarding payment for purchases, as well as any problems related to such information.
6. Even if the company provides product information for reference purposes by posting related information about products and services or through third-party providers on the site to enhance user convenience, users must make their own decisions and assume all responsibility related to purchasing products and services. In any case, the company is not responsible for the user's transactions.
Article 23 Use of Service by Users
1. The Company may verify whether the user has the legitimate right to use the payment method when the user makes payment, and may suspend or cancel the transaction until such verification is completed.
2. The Company shall manage various facilities and data to ensure that the service is safely provided to users and confirm that the service is being used for its intended purpose. If any part of the use is found to be in violation of the intended purpose, the Company may request justification from the user and take necessary actions such as canceling the transaction.
3. If a minor purchases a product or service through the site and the legal representative does not agree to the contract, the minor or legal representative may cancel the contract. However, if the user has falsely entered information and used the Company's products or services despite the fact that the Company restricts minors under the age of 14, as stated in the terms and conditions or privacy policy, the Company may demand compensation from the user in case of any damage incurred during the process of canceling the contract.
Article 24 Prohibited Actions
1. Abnormal payment methods that are prohibited by law are not allowed.
2. Conducting abnormal transactions by taking advantage of the discount rates provided by the Company or engaging in purchasing activities without genuine purchase intentions is prohibited.
3. If a user engages in any of the prohibited actions in this article, the Company may take measures such as revoking some or all of the benefits provided to the user, restricting the use of the service, or terminating the service contract.
Article 25. Company's Exemption from Liability
1. The Company shall not be liable for the following matters. However, this shall not apply in cases where the Company or its employees or agents have engaged in intentional or grossly negligent acts or omissions:
1) The Company does not guarantee the quality, completeness, stability, legality, or non-infringement of third-party rights regarding the products and services listed on the Site, or the authenticity or legality of information provided by users, including information linked to URLs, or any other risks or responsibilities related to user actions (including transactions). However, this does not apply if the falsehood or illegality is objectively confirmed.
2) The Company shall be exempt from any related responsibilities if the Company is unable to provide services due to force majeure or events beyond its control.
3) The Company shall not be liable for any service interruptions caused by the user's own fault.
Chapter 6 Termination of Service Agreement
Article 26 Termination of Service Agreement
1. The user may request termination of the Service Agreement at any time if they no longer wish to use the service, and the Company will process it promptly in accordance with applicable laws and regulations. However, if the user has violated or is deemed to have violated applicable laws and regulations, or if there is a dispute with the Company or another user, termination of the Service Agreement may be restricted for a considerable period of time.
2. The user must complete all transactions within the Company in order to terminate the Service Agreement.
3. When the user terminates the Service Agreement, all data, including information and postings registered by the user, will be deleted immediately except for the data that the Company is required to retain under applicable laws and regulations or data necessary for the normal use of the Service by other users.
Chapter 7 The others
Article 27 Relationship between Connected Services and Linked Services
1. If a higher-level service and a lower-level service are connected through hyperlinking (e.g. hyperlinks may include text, images, and multimedia content, as well as various advertisements), the former is referred to as the connected service (website) and the latter as the linked service (website).
2. If the connected service specifies on its initial screen or on a pop-up screen at the time of connection that it will not assume any warranty responsibility for transactions conducted between users and products or services provided independently by the linked service, it will not assume any warranty responsibility for such transactions.
3. The terms and privacy policy of the company do not apply to linked services other than the company's official website. Users must check the terms and privacy policy of the linked service regarding the use of its services and the purchase of its products and services. The company is not responsible for any liability arising from the user's failure to do so.
Article 28 Individual Terms of Service
1. If the Company provides separate services related to the provision of services, it may establish terms and policies for the service. This refers to the "Terms and Policies" as defined in this article, regardless of the form or name of each service notice on the individual service pages.
2. If the Company establishes terms and policies for individual services in accordance with the preceding paragraph, it shall ensure that the user goes through the agreement process when using the service for the first time or provides sufficient information for the user to confirm it. The terms of use for individual services take precedence over these terms of service.
Article 29 Limitation of Liability
1. The Company does not provide any agreements or guarantees regarding matters not specified in these terms of service to users. However, this shall not apply in cases where the Company, its employees, or agents are recognized to have engaged in intentional or grossly negligent conduct.
Article 30. Compensation for Damages
1. In the event that the user suffers damages due to the Company's intentional or negligent conduct, the Company shall determine the compensation method for the damages suffered by the user in accordance with these Terms of Use and relevant laws and regulations. However, the Company shall not be liable for damages arising from the following circumstances without intentional or negligent conduct
(1) force majeure or other equivalent unavoidable circumstances
(2) interruptions in service use due to the user's fault
(3) personal damages incurred during service access or use
(4) damages caused by third-party illegal access to the Company's server or use of the server
(5) damages caused by third-party interference with transmission to or from the Company's server
(6) damages caused by the transmission or distribution of malicious programs by third parties
(7) damages caused by the omission, omission, destruction, or other defects in transmitted data, or defamation, incurred during the user's use of the service
(8) damages suffered by the user or a third party
(9) other damages caused by reasons without the Company's intentional or negligent conduct
2. The Company shall have no obligation to intervene in disputes arising between users or between users and third parties using the service as a mediator, and shall not be liable for any damages arising therefrom without intentional or negligent conduct.
3. The Company does not guarantee the reliability, accuracy, or truthfulness of the information, data, or facts posted on the service, and shall not be liable for damages suffered by users as a result.
4. The Company shall not be liable for damages incurred by users who have not obtained the expected profits from using the service or who have suffered damages from using the information obtained through the service.
5. In the event that the user violates these Terms of Use or relevant laws and regulations and causes damages to the Company, the Company may claim compensation from the user. In this case, the user cannot avoid liability if they fail to prove that they were not intentional or negligent.
6. The Company shall be exempt from liability if it is unable to provide the service due to force majeure or equivalent unavoidable circumstances.
7. The Company shall not be liable for service interruptions caused by the user's fault.
8. The Company shall not be liable for products or services that are subject to individual interpretation.
Article 31 Governing Law and Jurisdiction
1. These Terms and Conditions shall be governed and construed in accordance with the laws of the Republic of Korea.
2. In the event of a dispute between the Company and the User, the Company shall make every effort to resolve the dispute in good faith. However, if the dispute cannot be resolved, the parties agree that any legal action related to the dispute shall be subject to the jurisdiction of the court located at the Company's headquarters.
Supplementary Provision
Service Terms and Conditions Version: v.20230317