Chapter 1 General Provisions
Article 1 (Purpose)
The purpose of this Agreement is with respect to uses of the WIPS Global and WIPS related services provided by "WIPS Co., Ltd." (hereinafter referred to as the "Company"), to provide rights, obligations, duties, and any other necessary matters between the Company and members.
Article 2 (Definitions)
The definitions of terms used herein shall be as follows:
(1) "Services" shall refer to the WIPS Global and WIPS related services that the "members" can use whether it be implemented terminals (including various wire and wireless equipment, such as PCs, TVs, mobile terminals).
(2) "Users" shall refer to members and non-members who receive services provided by the Company under this Agreement.
(3) "Members" shall refer to paid members or unpaid members who have provided personal information to the Company and registered their membership.
(4) "Paid members" shall refer to those who have paid notified costs (hereinafter referred to as the "Usage Fees") and are using services of the Company, and unless there are special explanations, members under this Agreement shall refer to paid members.
(5) "Unpaid members" shall refer to those who have provided personal information to the Company and registered their membership, and use services to the limited extent permitted by the Company without paying the usage fees; provided, however, that the operation policies set forth by the Company shall apply as to whether to provide services to unpaid members.
(6) "Annual members" shall refer to paid members who have entered agreements on a yearly basis.
(7) "Short-term members" shall refer to paid members who have entered agreements on a monthly basis.
(8) "Group members" shall refer to paid members subjected to agreements where authorized contractors representing business places have entered into service use agreements under the condition of the limited services provided by the Company for the purpose of using services of many users associated with the business places.
(9) "User IDs (hereinafter referred to as the "IDs") shall refer to combinations of unique letters and numbers selected by members and granted by the Company for the purpose of identifying members and using services.
(10) "Passwords" shall refer to combinations of unique letters and numbers established and registered with the Company by members in order to verify identities of members distinguished by IDs.
(11) "Points" shall refer to virtual data on the "Services" without proprietary values granted to members by the Company for the purpose of smooth uses of services, which are a virtual currency being charged by members with the payment means provided by the Company and used like cash.
(12) "Basic points" shall refer to points associated to IDs and provided basically by the Company when users enter into the use agreements, which shall exclude points purchased separately by users through the point purchase agreements.
(13) "Separately purchased points" shall refer to points purchased separately by users through the point purchase agreements, exclusive of basic points provide by the Company when users enter into the service use agreements.
(14) "Free points" shall refer to points provided free of charge to users by the Company.
Article 3 (Specification and Modification of Agreement)
(1) This Agreement shall come into effect when it is notified online through the Company's website, and where there is a reasonable cause, this Agreement may be modified to the extent that it does not violate applicable laws. The modified agreement shall come into effect when it is notified thorough reasonable procedures.
(2) Where the Company modifies this Agreement, it shall post the content on the service screen or give a notice of the modification seven (7) days before the date of application by using the e-mail addresses provided by members; provided, however, that the modifications posed on the service site may be made for users to see the content through the connected screens.
(3) The Company shall not be liable for errors of the e-mail addresses registered by members, or damages of members incurred as members have not checked the modifications of this Agreement posted on the service screen or the connected screens.
(4) Where a member does not consent to the modified agreement, the member may request termination of this Agreement. When a member uses services in seven (7) days after the date when the modified agreement comes into effect, the member shall be deemed to have consented to application of the modified agreement.
(5) If necessary, the Company may determine individual agreements or management policies by service with respect to individual items within the services (hereinafter referred to as "management policies"). Where there is a conflict between this Agreement and the content of management policies by service, the content of management policies by service shall prevail for application.
Article 4 (Interpretation of Agreement)
Any matter that is not provided herein or any interpretation of this agreement shall follow applicable laws or electronic commercial transaction practices.
Chapter 2 The Conclusion of Use Agreement
Article 5 (Formation of Use Agreement)
(1) A use agreement shall be formed where a user consents to the content of the use agreement and the Company accepts the application for use.
(2) When a use agreement is formed with a person who is to become a paid member, the Company shall accept the application after it has verified the deposit of usage fees.
Article 6 (Membership Subscription and Application for Use)
(1) Persons who intend to use services shall express their consents to this Agreement, and provide personal information in the form of membership subscription with respect to relevant information requested by the Company; provided, however, that where the Company has allowed applications for use to be filed by phone or e-mail, persons may file application for uses as such.
(2) Membership subscription must be applied only with real names, and the Company may take measures to verify real names. Members shall provide cooperation for the verifications of the Company, and if a member fails to comply therewith, the Company may deem that the information registered by the member is not genuine.
(3) A member who has not provided genuine information shall not allege any rights with respect to the service uses. Where a member has filed application for use by appropriating another's name, all information of the member shall be deleted and the member may be subjected to punishments under relevant laws.
Article 7 (Acceptance of Application for Use and Restrictions)
(1) Where the Company does not have difficulties on performance of duties or technologies without violating the procedures of application for use under Articles 5 and 6, it shall accept the service uses with respect to application for use. In the case of paid members, the Company shall accept the service uses after it has verified the deposit of usage fees.
(2) With respect to applications for use in each of the following items, the Company may reserve or defer its acceptance until a relevant cause is resolved:
- In an application for use, where the applicant has failed to provide genuine information or has entered false facts in the required entry items;
- Where an application for use has been filed by a person related to the duties of providing services that are competitive with the services provided by the Company;
- Where a user has not paid the usage fees or additional fees payable to the Company, or where a prior member who has been illegally relieved of paying fees files application for use again;
- Where a user files application whose use agreement has been ever terminated in violation of this Agreement of the Company;
- Where a user intends to use services for wrongful uses;
- Where the Company has technical difficulties;
- Where the Company does not have sufficient facilities; or
- Where it is difficult for the Company to accept application because of the Company's conditions.
Article 8 (Protection of Personal Information)
(1) The Company shall make efforts to protect personal information of users including registration information of users as provided in relevant laws with respect to the provided personal information of members. With respect to protection and uses of personal information, relevant laws and the personal information treatment policies of the "Company" shall apply.
(2) Members may at any time request reading or correction of their personal information that the Company has, as to which the Company shall have the obligation to take necessary measures without delay.
Chapter 3 Duties of Contracting
Parties and Notifications
Article 9 (Duties of Company)
(1) The Company shall make its best efforts to provide sustainable and stable services as provided under this Agreement, and shall not engage in any activity that relevant laws and this Agreement prohibit.
(2) The Company shall take measures necessary to protect and manage personal information of users in order to ensure that users can safely use the Internet services.
(3) The Company shall not disclose or distribute to others personal information of users without the approval of the users.
(4) In order to provide continuous and stable services, when facilities have had failures or have been lost, the Company shall without delay repair or restore the facilities unless there are unavoidable reasons.
Article 10 (Public Announcement or Notification)
(1) When the Company gives public announcements or notifications to members, it may post the content on the main service screen provided by the Company or give notifications of the content by the e-mail addresses entered by members. Members shall be wholly liable for disadvantages incurred as members have mistakenly entered their e-mail addresses, and the content posed on the service site may be made for users to see the content through the connected screens.
(2) When the Company gives public announcements or notifications to many unspecified members, it may replace its individual notifications to customers with its public announcement on the site for not less than seven (7) days or its public announcement through the bulletin board.
Article 11 (Duties of Members)
(1) Members shall comply with all matters provided under this Agreement, and the service use information and instructions.
(2) Members shall have the obligation to have their IDs and passwords under control, and shall be wholly liable for all consequences incurred as a result of uses of members' IDs or passwords.
(3) Where a "member" has been aware that the member's ID or password has been lost or used by a third party, the member shall forthwith notify the "Company" thereof and follow directions of the "Company."
(4) Where there is a change in personal information of members including addresses, telephone numbers, e-mail addresses, etc., members shall make changes online or notify the "Company" thereof by other methods, such as by e-mails. The Company shall not be liable for disadvantages incurred as members have not complied with the procedures for changes.
(5) Without the prior approval of the Company, members shall not arbitrarily transfer or grant their service use rights to third parties or use the rights for the purpose of the right of pledge.
Article 12 (Succession of Status of Members)
(1) Upon the occurrence of each of the following cases, the status of a member shall be passed:
- Where a succession has occurred as a result of death of the member (however, only one heir out of heirs may succeed to the status of the member);
- Where a member corporation has been merged with another corporation;
- Where a member corporation has been newly established and merged with another corporation;
- Where a member corporation has been spun off into not less than two (2) corporations, and one corporation out of the spun-off corporations has taken over the service use rights; or
- Where a reason similar to the above listed items has occurred and the Company has accepted it.
(2) A person who has succeeded to the status of a member pursuant to the provision of the above Section 1 shall notify the Company of relevant matters in the below items:
- All changed information of members;
- Where there is a change in the notification address of usage fees, the changed notification address for usage fees; and
- Where there is a change in the authorized person for payment of usage fees, the changed authorized person for payment of usage fees.
Chapter 4 Service Uses
Article 13 (Times for Service Uses
and Duties for Uses)
(1) In principle, services may be used twenty four (24) hours per day all the year round unless there are special difficulties on business or technologies of the Company; provided, however, that the Company may temporarily suspend services on such a day or time as provided by the Company in order to provide regular checking, additional establishment, or exchanges for systems, and shall give a prior notice, through the site, of temporary suspensions of services incurred as a result of expected works.
(2) Upon the occurrence of unavoidable reasons, including urgent system checking, additional establishment or exchanges, failures of facilities, excessive service uses, national emergencies, power failures, the Company may temporarily suspend the services in whole or in part without a prior notice.
(3) If it is necessary for service management, including service reforms, the Company may suspend provisions of services in whole or in part after a prior notice.
(4) Users shall be liable for problems that arise as a result of selecting, choosing, or using service materials without sufficiently understanding the information on service usage fees or provided services.
Article 14 (Use of Points)
(1) The Company may grant points to members when members use the services, and members shall not engage in any disposition activities including transferring or borrowing points, etc.
(2) The Company may separately set forth and implement details of use guidelines relating to the use methods or lapse of points, etc.
(3) The basic points provided by the Company at the time of signing this Agreement shall lapse at the same time when the term of service agreement is completed.
(4) Where a paid member has used up all the basic points provided by the Company during the term of this Agreement, the paid member may separately purchase points according to the criteria set forth by the Company. Like in the case of basic points, the separately purchased points shall lapse at the same time when the term of this Agreement is completed.
Article 15 (Completion of Service Use, and Preservation of Data)
(1) Users may use services under this Agreement during the term of certain criteria set forth by the Company.
(2) Upon completion of the term of use, it is impossible to restore all the prior member information even after members re-subscribe for membership in the future, for which the Company shall not be liable; provided, however, that where it is possible to restore membership information, as re-subscription is accomplished within a certain period of time set forth in the service operation policies, the Company shall assist the restoration upon request of members.
Chapter 5 Termination of Agreement, and Withdrawal of Offer
Article 16 (Membership Withdrawal
(1) Members who has subscribed for membership under Article 5 or 6 may at any time request termination of the service use agreement or their withdrawals from membership, and upon receipt of the requests, the Company fall immediately handle the requests.
(2) Where the reason falling under Article 7 Section 2 is found out after the use of services has been approved, the Company may discontinue the membership qualifications and withdraw its approvals of the service uses.
Article 17 (Termination of Use Agreement, etc.)
(1) When a member intends to terminate the service use agreement, the member may at all time file application for termination with the company's customer center by phone, e-mail, or in a written notification. In this case, the member shall provide active cooperation with the procedures under which the Company verifies the identity of service user.
(2) If a member files application for termination of the service use agreement, where there is a balance after the Company has settled the usage fees, the Company shall return the balance of the usage fees within fifteen (15) days.
(3) Upon termination of this Agreement by members, it is impossible to restore all the prior member information even after members re-subscribe for membership in the future, for which the Company shall not be liable; provided, however, that where it is possible to restore membership information, as re-subscription is accomplished within a certain period of time set forth in the service operation policies, the Company shall assist the restoration upon request of members.
(4) Upon the occurrence of each of the following cases, the Company may withdraw its approvals of service uses and suspend its provisions of services by specifying a certain period of time or certain conditions. If a member has not resolved the reason for suspension within the suspension period, after the completion of the suspension period, the Company shall terminate the service use agreement of the member; provided, however, that if the member has resolved the reason for suspension with the suspension period, the Company shall recommence the services:
- Where a member is likely to cause damages to the service system provided by the Company;
- Where a member has violated the obligations of users as set forth under this Agreement;
- Where the reason of Article 7 Section 2 has been found out during the period of service use; or
- Where a member has not paid the usage fees or additional fees payable to the Company.
(5) Upon the occurrence of a serious case out of the reasons in the prior Section, the Company may immediately take measures without a prior notice, including suspending the services or terminating the agreement.
(6) With respect to users with whom the service use agreement has been terminated, the Company may limit their subscription for membership during a certain period of time set forth under the operation policies.
Article 18 (Refund)
(1) If the Company is unable to provide the services or if there are excessive mistaken payments for usage fees, the Company shall settle the usage fees within fifteen (15) days after the date of the occurrence of the reason, take necessary measures including refunding excessive mistaken payments, etc., and notify relevant members thereof; provided, however, that where the duties have been normally performed, the Company shall not be liable for refunds of the usage fees.
(2) Even where a user has subscribed for membership in order to use the Company's services and then paid fees, and therefore an agreement has been formed, in the following cases, the user may withdraw from the agreement and request refunds of the service usage fees:
① Entire refunds
- Where an annual member requests refunds without using the services within fifteen (15) days after the service agreement;
- When a short-term member requests refunds without using the services within seven (7) days after the service agreement, the Company shall refund the entire amounts; and
- Where it is found reasonable to request refunds in light of the criteria of general commercial transactions.
② Partial refunds
- Upon the occurrence of usage fees as an annual member has entered into the service agreement and then used the provided services within fifteen (15) days, the Company shall give refunds for the balance after settling fees in the fee settlement methods set forth by the Company.
- Upon the occurrence of usage fees as a short-term member has entered into the service agreement and then used the provided services within seven (7) days, the Company shall give refunds for the balance after settling fees in the fee settlement methods set forth by the Company.
- When an annual member has entered into the service agreement and then has not used services, in a lapse o the service period on a thirty days basis with the criteria of 365 days, the Company shall deduct refunds on a 10% basis of the contract price, and the refunds shall be impossible at the time when 300 days has lapsed.
- The points provided to paid members shall not be separately settled upon application of refunds, and shall be settled as included in the usage fees of the service use agreement.
Article 19 (Imposition of Illegally Exempted Fees, etc.)
Against a member who has been illegally exempted from the usage fees, etc., the Company shall impose an amount equivalent to double the exempted amount.
Chapter 6 Compensation for Damages
and Other Matters
Article 20 (Compensation for
(1) Where the Company's willfulness or negligence has caused damages to members, the Company shall be liable for compensation for damages as provide under the laws.
(2) The Company shall not compensate for damages incurred by members as a result of suspension of provisions of services due to the reasons of Article 13 Section 1, Section 2, or Section 3; provided, however, that it shall not be the case for the willfulness or gross negligence of the Company.
Article 21 (No Liability)
(1) Where the Company is unable to provide services due to natural disasters or equivalent force majeure, it shall not be liable for suspension of services.
(2) The Company shall not be liable for failures of services uses or damages incurred for reasons attributable to users.
(3) The Company shall not be liable for cases where users have not been provided with services due to the failure of the terminals used by users or where users have been subjected to damages or disadvantages as telecommunications companies including common carriers had suspended or had not normally provided telecommunications services,
(4) The Company shall not be liable for cases where damages have occurred to users because of errors in the terminals used by users, or where damages have occurred to users as users have negligently provided personal information or e-mail addresses.
(5) The Company shall not be liable for the content of materials posted or transmitted by users.
(6) The Company shall not be liable for disadvantages of users incurred as users have not performed obligations of users as provided under this Agreement.
(7) The Company shall not guarantee any sites connected to the site, and therefore, shall not be liable for any transactions made between the connected sites and users.
(8) The Company shall not be liable for any damages with respect to uses of the services provided free of charge to users by the Company.
Article 22 (Reversion of Copyrights, Use Restrictions)
(1) The copyrights and other intellectual property rights to the works prepared by the Company shall revert to the Company.
(2) Without the prior permission of the Company, users shall not duplicate, transmit, publish, distribute, broadcast, use by other means, or use to a third party any information acquired in using the homepage.
(3) Distribution or circulation of various materials without the prior approval of the Company shall be subject to criminal punishments under the Copyright Act.
Article 23 (Jurisdiction and Governing Laws)
(1) Any matter unspecified under this Agreement shall follow relevant laws and commercial practices including the Telecommunications Business Act, etc.
(2) Any problem arising between users and the Company with respect to the services provided by the Company shall follow this Agreement and the service operation policies.
(3) Where a lawsuit is brought from disputes that have arisen with respect to service uses, Seoul Central District Court shall be the court of competent jurisdiction.