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
and Disqualifications)
(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
Damages)
(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.