Terms of Use
Article 1 (Purpose)
This agreement aims to regulate the rights, obligations, and responsibilities of members in using the internet-related services provided by the company operating the shopping mall (hereinafter referred to as the ‘Site’).
Article 2 (Definitions)
The term ‘Site’ refers to the virtual store established by the company to trade products with members via information and communication facilities, operating as an online mall. The current ‘Site’ operated by the company is https://k-moment.com/, which includes mobile web and apps for Android and iOS.
‘Member’ refers to an individual who registers as a member by providing personal information to the ‘Site’ according to the membership policy, continuously receiving information from the ‘Site,’ and using the services provided by the ‘Site.’
‘Password’ is a combination of letters and numbers that a member sets and registers with the ‘Site’ for identity verification and protection of their rights and privacy.
Unspecified terms in this agreement shall follow the relevant legal regulations and general commercial practices.
Article 3 (Notice, Explanation, and Revision of the Agreement)
The company shall display the contents of this agreement, as well as the name, address, contact information, and business registration number, easily accessible to members on the initial service screen of the ‘Site.’ However, the specific details of the agreement can be viewed by members through a link.
The company can revise this agreement within the scope not violating relevant laws, such as the ‘Act on Consumer Protection in Electronic Commerce,’ the ‘Act on Regulation of Terms and Conditions,’ the ‘Electronic Financial Transactions Act,’ the ‘Electronic Signature Act,’ the ‘Act on Promotion of Information and Communications Network Utilization,’ and the ‘Consumer Protection Act.’
When revising the agreement, the company will announce the effective date and reasons for the revision together with the current agreement on the initial screen of the ‘Site’ from 7 days before the effective date until the day before.
If the company revises the agreement, the revised terms will only apply to contracts concluded after the effective date. However, for previously signed contracts, the terms before the revision will apply. Nevertheless, if a member who has already concluded a contract wishes to be subject to the revised terms, they can request this within the notice period specified in clause 3 and upon the company’s approval, the revised terms will apply.
If a member continues to use the company’s services after the announced effective date, it will be deemed as an agreement to the revised terms. Members who do not agree to the revised terms can terminate the service contract at any time.
Article 4 (Supplementary Rules)
Matters not specified in this agreement and the interpretation of this agreement shall be in accordance with the provisions of relevant laws related to consumer protection in electronic commerce and general commercial practices.
Article 5 (Formation of Service Agreement)
The service agreement is concluded when the applicant (hereinafter ‘Applicant’) who wants to become a member agrees to the contents of the agreement, fills in membership information (email address, password, or membership information through social networking services) according to the company’s membership form, and the company approves this application.
The company may refuse approval or terminate the service agreement for the following cases:
a. If the Applicant previously lost membership status in accordance with this agreement, except for those who, after losing membership status, have received the company’s approval for re-registration after three months.
b. If false information is provided or information is omitted or misrepresented in the registration details.
c. If the Applicant is under 14 years of age at the time of registration.
d. If the name and email address match those of an already registered member.
e. If the service is sought for unlawful purposes or profit-seeking objectives.
f. If approval is impossible due to the member’s fault or for violating the company’s regulations, among other reasons, deemed unlawful or unfair application.
The company may postpone approval if there is a lack of capacity in service-related facilities or if there are technical or operational issues.
If approval of the membership application in accordance with clause 2 is not granted or postponed, the company will inform the Applicant as a principle.
The time of the formation of the service agreement is marked by the completion of registration as indicated by the company in the application process.
The company may differentiate usage times, frequency, and service menus according to the company policy by categorizing members into different grades.
For compliance with the ‘Act on Promotion of Motion Pictures and Video,’ ‘Youth Protection Act,’ etc., the company may impose restrictions based on grades and age compliance.
Article 6 (Modification of Personal Information)
Members can access and modify their personal information at any time through the personal information management screen.
Article 7 (Protection of Personal Information)
The company complies with relevant laws such as the ‘Act on Information Communication Network Utilization and Information Protection’ to protect members’ personal information.
The company establishes a personal information handling policy, which is posted on the initial screen of the service. Detailed information about this policy can be viewed through a link.
The company endeavors to protect the member’s personal information to the fullest extent according to the personal information handling policy.
The company’s personal information handling policy does not apply to linked sites outside the official ‘Site.’ Members are responsible for checking the personal information handling policy of linked sites and third-party providers offering ‘products, etc.’ The company does not bear responsibility for this.
Within the legally permissible scope, the company may provide a member’s personal information to third parties in the following cases:
a. When requested by investigative or other governmental agencies.
b. When necessary for information protection activities, including verification of illegal acts or violation of laws or terms and conditions.
c. When required by other laws.
d. When it is necessary for trading and delivery to provide the minimum required information (name, address, phone number) to sellers or delivery services.
e. When necessary for the completion of purchases and for post-purchase needs such as returns, exchanges, refunds, and cancellations.
Article 9 (Membership Withdrawal and Loss of Qualification)
Members may request withdrawal from the Company at any time, and the Company will process such withdrawal in accordance with the regulations regarding membership withdrawal.
The Company may restrict or suspend a member’s qualification in the following cases:
a. When a member disrupts the use of the ‘Site’ by others or engages in activities such as identity theft, which threaten the e-commerce order.
b. When a member violates laws, this agreement, or engages in acts contrary to public order and morals using the ‘Site.’
c. When a member disrupts the proper operation of the ‘Site’ or interferes with the business of the ‘Site’ through the following actions:
Spreading false or groundless facts or information that harms the Company’s reputation or the reliability of the ‘Site’ in relation to the operation of the ‘Site.’
Interfering with the operation of the ‘Site’ by verbally abusing, threatening, or using obscene language against employees during the use of the ‘Site.’
Disrupting the Company’s business by repeatedly canceling or returning ‘goods or items’ purchased through the ‘Site’ without valid reasons.
Interfering with the Company’s business by habitually or repeatedly canceling, returning all or part of the purchased ‘goods or items’ without any significant defects.
If the Company restricts or suspends a member’s qualification, and the same behavior is repeated twice or if the reason is not rectified within 30 days, the Company may terminate the member’s qualification.
In cases where a member interferes with the trading order of the ‘Site’ by purchasing ‘goods or items’ multiple times for the purpose of resale, the Company may terminate the membership of the relevant member.
If the Company revokes a member’s qualification, the member’s registration will be canceled. In this case, the Company will notify the member in accordance with Article 8, Paragraph 2 (c) and provide an opportunity for the member to present their case before canceling the membership.
Article 10 (Member’s Obligation Regarding ID and Password)
Members are responsible for the management of their ID (including email and social network linked IDs) and passwords. Members are liable for any civil or criminal responsibilities arising from negligence in their management.
Members must not allow third parties to use their ID and password.
If a member’s ID and password are stolen or being used by a third party, the member must immediately notify the Company and follow the Company’s instructions if any action is taken.
Members are responsible for any disadvantages incurred if they fail to notify as per the third provision or do not comply with the Company’s actions.
Article 11 (Member’s Obligations)
Members must comply with relevant laws, regulations in this agreement, and guidelines provided by the Company, and must not engage in activities that disrupt the Company’s operations.
Members must refrain from the following actions related to ‘Services’:
a. Registering false information when applying for or modifying ‘Services.’
b. Impersonating others.
c. Unauthorized alteration of information posted on the ‘Site.’
d. Transmitting or posting information (computer programs, etc.) other than the information specified by the Company.
e. Infringing on the copyrights or intellectual property rights of the Company and other third parties.
f. Actions that damage the Company’s reputation or disrupt its operations.
g. Publicly disclosing or posting obscene or violent messages, images, audio, or other information that goes against public morals on the ‘Site.’
h. Using ‘Services’ for profit without the Company’s consent.
i. Actions that violate relevant laws or regulations established by the Company.
Article 12 (Member’s Postings)
The rights and responsibilities of the content posted by members are held by the members themselves. The Company reserves the right to delete the content without prior notice if it falls under any of the following:
a. Content that slanders other members or third parties, or damages their reputation through false accusations.
b. Content that violates public morals.
c. Content that is judged to be associated with criminal acts.
d. Content that infringes on the Company’s or third parties’ copyrights or other rights.
e. Posting lewd content on the ‘Site’ or linking to adult sites.
f. Posting commercial advertisements or promotional content without prior approval from the Company.
g. Content unrelated to the relevant product.
h. Content that unjustifiably hinders the Company’s business.
i. Content deemed to violate relevant laws.
Article 13 (Notice to Members)
When the Company notifies members, it may do so through the email address or SMS provided by the member during registration.
For notifications to an unspecified number of members, the Company may announce it on the ‘Site’ for more than one week, except for matters that significantly affect individual member transactions, in which case individual notifications will be made.
Article 14 (Company’s Obligations)
The Company shall not engage in activities prohibited by relevant laws and this agreement, and shall make best efforts to continuously and stably provide ‘goods and items’ in accordance with this agreement.
The Company shall establish a security system for the protection of personal information (including credit information) to ensure the safe use of ‘Services’ by members and shall disclose and adhere to the privacy policy.
The Company shall promptly address and process any reasonable and objectively acknowledged opinions or complaints raised by members. If immediate processing is not possible, the Company shall notify the member of the reasons and processing schedule.
Article 15 (Terms and Conditions for Individual Services)
The Company may establish separate terms and conditions for individual services provided within the ‘Services,’ and the agreement for individual services will require a separate agreement process when a member initially uses the individual service. In this case, the terms and conditions for individual services take precedence over this agreement.
Article 16 (‘Service’ Operating Hours)
The use of ‘Services’ is available 24/7 throughout the year unless special interruptions occur due to the Company’s business or technical requirements. Regular maintenance times will be excluded from service hours and will be announced on the ‘Service’ provision screen.
Please note that translations may vary, and legal documents might require specific nuances to accurately reflect the original intent and meaning.
Article 17 (Responsibility for Use of ‘Service’)
Members, except when ‘Company’ explicitly permits in written form, cannot conduct business activities by using the ‘Service’ to sell products. In particular, commercial activities through hacking, profit-making advertisements, obscene sites, illegal distribution of commercial software, etc., are prohibited. The company is not responsible for the results, losses incurred due to violation of these terms, or legal actions by relevant agencies.
Article 18 (Suspension of ‘Service’ Provision)
‘Company’ can suspend the provision of the ‘Service’ in the following cases:
When issues arise such as the maintenance, replacement, breakdown of computer and information communication equipment, communication disconnection, etc.
When a telecommunications service provider designated in the ‘Telecommunications Business Act’ suspends electronic communication services.
In case of other irresistible reasons.
In times of national emergencies, power outages, equipment malfunctions, or excessive use of ‘Service,’ the company can restrict or suspend all or part of the ‘Service.’
If the company temporarily discontinues the ‘Service,’ it will notify the users of this fact and the reasons on the initial screen of the site.
Article 19 (Provision of Information and Advertisement Posting)
The company can provide various information that members might find necessary during ‘Service’ usage through announcements or via methods like emails, SMS, phone calls. However, except for trade-related information and customer inquiries based on relevant laws, members can refuse to receive emails at any time.
The company can post advertisements on the ‘Service’ interface, website, electronic mail, etc. Members receiving such emails can refuse to receive them.
Article 20 (Purchase Application)
Members must apply for a purchase following the terms of this agreement and regulations set by the company, or similar methods, for items such as product selection, inputting buyer’s name, address, phone number, email, recipient’s name, shipping details, payment caution confirmation, and agreement to these terms (e.g., mouse click).
The company sends a confirmation notice to the member upon receiving a purchase request.
Upon receiving the confirmation, if there are discrepancies in the declaration, the member can immediately request changes or cancellations in the purchase. However, the regulations regarding withdrawal under Article 24 will apply if the payment has already been made.
Article 21 (Payment Methods)
The payment methods for products or coupons purchased from the ‘Company’ can be carried out through the following:
a. Credit card payment
b. Real-time bank transfer
c. Escrow payment
d. Bank transfer payment
e. Other payment methods specified by the ‘Company’ (discount coupons, smartphone apps, etc.)
The responsibility and disadvantages arising from the information provided by the member regarding the payment of the purchase price are entirely borne by the member.
Article 22 (‘Supply of Goods’)
Unless otherwise agreed, the ‘Company’ takes necessary measures such as order processing, packaging, etc., to promptly deliver the goods from the date the member purchased the goods.
The ‘Company’ must take appropriate measures so that the member can confirm the supply process and progress of the goods purchased, providing guidance on cancellation methods and procedures.
The ‘Company’ must specify the delivery method, delivery costs by method, who bears the delivery costs, and the delivery period per method for the goods purchased by the member.
If there is a separate agreement between the ‘Company’ and the customer regarding the time of delivery of the goods or the provision of coupons, that agreement shall take precedence over these terms.
Article 23 (Refund)
If the ‘Company’ cannot deliver or provide the goods or services purchased by the member due to reasons such as product unavailability, they must promptly notify the member of the reason. If the ‘Company’ has received the payment for the goods in advance, they should refund the payment within 7 business days from the day the payment was received.
Article 24 (Cancellation of Subscription, etc.)
The regulations of cancellation and refund of the ‘Company’s’ goods and services comply with relevant laws such as the ‘Act on Consumer Protection in Electronic Commerce, etc.’
A member who has entered into a contract regarding the purchase of goods or services from the ‘Company’ may withdraw the subscription within 7 days from the date of receiving the notification of receipt (such as receiving an email or SMS notification) or from the date of receiving the goods or services.
If the member has received the goods or services, they cannot exchange, return, or receive a refund in the following cases:
a. The goods or services have been lost or damaged due to the member’s responsibility (except when the packaging is damaged for confirming the contents of the goods or services).
b. The value of the goods or services has significantly decreased due to the member’s use or partial consumption.
c. The value of the goods or services has significantly decreased to the extent that resale is difficult due to the passage of time.
d. The original packaging of the goods, capable of being replicated with goods of the same performance, has been damaged.
e. In cases where the ‘Company’ has previously notified restrictions on withdrawal for specific coupons or goods.
Notwithstanding the provisions of Sections 3 and 4, if the content of the goods or services differs from the displayed/advertised content or the contract content is not fulfilled, the member can withdraw the subscription within 3 days from the day they received the goods or services or within 10 days from the date they became aware of the fact.
Article 25 (Effects of Subscription Withdrawal, etc.)
If a member cancels or refunds the purchased goods, the ‘Company’ notifies the member of the processing result through the method specified in Article 13 (Notification to Members).
If the ‘Company’ receives a request for coupon cancellation or returns the goods, they will refund the received payment within 7 business days. If the ‘Company’ delays the refund of goods, they must pay the delay interest calculated by multiplying the delayed interest rate prescribed by the Fair Trade Commission.
The cost required for the return of the goods received is borne by the member in the case of subscription withdrawal. However, if the ‘Company’ is responsible for the goods differing from the displayed content, the ‘Company’ bears the costs related to the goods.
In case of cancellation due to the member’s change of mind, the member is responsible for the handling fees and other related costs incurred in the refund process.
For matters not specified in these terms and the ‘Site’s’ usage guide concerning cancellation and refund, they follow the consumer damage compensation regulations.
Article 26 (Special Rules for Cancellation and Refund of ‘Goods, etc.’)
Refunds for returned items will be processed after the returned item arrives at the seller and after confirmation of the reason for return and the party responsible for return shipping costs.
Article 27 (Management of Postings)
If a member’s posting contains content that violates the ‘Act on Promotion of Information and Communications Network Utilization and Information Protection’ or related laws such as ‘Copyright,’ the right holder may request the suspension and deletion of such postings through the procedure set forth by the relevant laws. The ‘Company’ must take action in accordance with the relevant laws.
Even without a request from the right holder, the ‘Company’ may take temporary measures regarding the relevant postings if there are justifiable reasons for recognizing copyright infringement or if there is a violation of the ‘Company’s’ policies or related laws.
The specific procedures under this article shall follow the ‘Company’s’ ‘Posting Suspension Request Service’ within the scope set by the ‘Act on Promotion of Information and Communications Network Utilization and Information Protection’ and the ‘Copyright Act.’
Article 28 (Disclaimer Clause)
The ‘Company’ shall be relieved of responsibility for providing the service in the event of force majeure or events equivalent to force majeure.
The ‘Company’ is not liable for service disruptions caused by the member’s fault.
The ‘Company’ is not liable for the loss of expected profits through the use of the service or for damages incurred from materials obtained through the service.
The ‘Company’ is not responsible for the reliability, accuracy, or content of information, data, or facts posted by members.
The legal responsibility for the contents of emails sent by the member lies with the user.
The ‘Company’ is exempt from liability in cases where transactions between members or between members and third parties are facilitated through the service.
The ‘Company’ is not liable for the use of the service provided free of charge unless there are special provisions under relevant laws.
Article 29 (Dispute Resolution)
The ‘Company’ establishes and operates a compensation organization to reflect legitimate opinions or complaints raised by members and compensate for damages.
Complaints and opinions submitted by members are prioritized for handling by the ‘Company.’ If swift processing is difficult, the reasons and schedule for handling will be promptly communicated to the member.
Article 30 (Governing Law and Jurisdiction)
The interpretation of these terms and disputes between the ‘Company’ and members are subject to the laws of the Republic of Korea.
Lawsuits between the member and the ‘Company’ arising during the use of the service are to be brought before the competent court according to the Civil Procedure Act.
Supplementary Provisions
These terms will be effective from November 8, 2013.
This amended agreement applies only to contracts entered into after the effective date, and the terms of the pre-amended agreement continue to apply to contracts concluded before the amendment.
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