Chapter 1. General Provisions
Article 1 (Purpose)
The purpose of these Terms and Conditions of Use of Shopping Services of Areum (the “T&C”) is to set forth the rights, obligations and responsibilities of the parties using the e-commerce-related services and other services (collectively “Services”) provided by B2Link (the “Company”) through the “Areum” internet site (Areum) (“Areum”) operated by the Company and to promote mutual development through exercising and performing their rights and obligations pursuant to the T&C.
Article 2 (Disclosure, Validity and Amendment of the T&C)
- 1. The Company will disclose the T&C on the initial landing page or connecting page of Areum to help Members to check the T&C, together with the name, place of business, the name of representative(s), business registration number and contact numbers (telephone and email address, etc.) of the Company.
- 2. The Company may amend the T&C to the extent permitted by the Regulation of Standardized Contracts Act, the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, the Act concerning Promotion of Utilization of Information and Communications Networks and Protection of Information, etc., the Protection of Consumers in e-commerce and Other Transactions Act (“e-Commerce Act”), and the Electronic Financial Transactions Act, and any other applicable laws.
- 3. If any terms of the T&C are amended by the Company, all amended terms shall be effective 14 days after they are initially posted on the initial landing page of Areum, together with the then current T&C, the effective date of and the reasons for the amendment, all of which will be posted for a 14-day period until the date immediately preceding the effective date.
Article 3 (Definitions)
Capitalized terms used herein shall have the following meaning:
- 1) “Member” means a natural or juridical person that has provided the required information to register with Areum as a member.
- 2) “Member ID” means an email address chosen by a Member, approved by and registered with the Company, for purposes of identification and use of the Services.
- 3) “Password” means a combination of letters and numbers chosen and registered with the Company by a Member, to verify the Member’s identity and protect the Member’s rights, interests and confidential information.
- 4) “Operator” means the person appointed by the Company to be responsible for the overall management and smooth operation of the Services provided by the Company.
- 5) Others
Any terms not defined in Section 2.1 above shall have the meanings ascribed in the general commercial practices.
Article 4 (Types of the Services)
- 1. The Company will provide the following Services:
- 1) Services relating to the development and operation of an e-commerce platform:
- i) Sales-related support;
- ii) Purchase-related support;
- iii) Contract execution related services;
- iv) Product information search services; and
- v) Other e-commerce related services; and
- 2) Services for the execution of advertisement and promotion
Chapter 2. User Agreement and Data Protection
Article 5 (Formation of a Shopping Service User Agreement)
- 1. The Shopping Service User Agreement (the “User Agreement”) shall be formed upon the Company’s acceptance of an application for the use of shopping services, from a person who intends to use the shopping services provided by the Company. The Company will notify its intent to accept the application by disclosure of such intent on the relevant webpage for the Services or by email or otherwise.
- 2. A person who intends to use the shopping services shall agree to the T&C and enter necessary information in the form application for membership as provided by the Company.
- 3. A person or a business operator (whether a natural or juridical person), who uses The Service in order to source products for the business purposes (Not for his/her/its personal use), is eligible to the membership to the Services. An applicant shall apply for the membership in his/her/its real name. If anyone applies for the membership in a name other than his/her/its real name or by misappropriating another’s information, such applicant may be restricted from using the Services or penalized pursuant to applicable laws and regulations.
- 4. Applications will be automatically approved, if the applicants provide required information correctly. The membership will become effective at the time when the application is completed and submitted at Areum website.
- 5. The Company may withhold or refuse its acceptance of an application in any of the following cases:
- 1) if in the Company’s real-name verification process, it is found that the application is not made in real name;
- 2) if the name and/or business registration number in the application are the same as those of an existing Member;
- 3) if reapplied from the Company’s termination of the User Agreement;
- 4) if reapplied by a Member that is subject to the membership suspension or other action by the Company, during the suspension or another applicable period;
- 5) if the facilities/equipment cannot afford or if there is a technical difficulty; and
- 6) if the application is found to be unlawful, unfair or in violation of the T&C, or if it is deemed necessary to do so in the Company’s reasonable judgment.
Article 6 (Change and Protection of Personal Information)
- 1. A Member may not provide false information when applying for the membership, and in the event of any change in the information provided when applying for the membership, the Member must immediately update the information. As a general rule, a Member’s name, ID and business registration number and the like may not be changed, unless permitted by applicable laws and regulations.
- 2. Notification to the Member by the Company shall be considered complete when the notice is delivered to the address or e-mail address provided by the Member. Any damages arising out of the failure to update information must be borne solely by the relevant Member, and the Company shall not be held liable for any such damages.
- 3. The Company will not use any information provided by the Member for the execution of a User Agreement, for any purpose other than its operation of the Services as consented to by the Member If a new purpose of use arises or for the disclosure of the information to a third party, the Company shall notify the purpose(s) of use or disclosure of the Member’s information (as the case may be) and obtain separate consent from the Member in the phase of the use or disclosure of the Member’s information; provided, however, this shall not be the case if prescribed otherwise by applicable laws and regulations.
- 4. The Company shall not pre-check the consent box for the collection, use, and provision of personal information as a default. The Company shall also enumerate the services that will be limited to the Member should the Member refuse to consent to the collection, use and provision of personal information, and the Company shall not limit or refuse to provide membership service to any Member who wishes to use the shopping services on the account of the Member refusing to provide consent to the disclosure of any non-essential personal information.
- 5. To protect Member’s personal information, in the event the Company needs to provide the Member’s personal information to a third party, the Company shall obtain consent from the Member by disclosing to the Member the items of personal information to be provided, the name of the third party, the purpose of the use of the personal information by the third party, and the duration of retention of the personal information. In the event the Company outsources the processing of the Member’s personal information to a third party, it shall establish a privacy policy in accordance with the applicable laws and regulations, designate a privacy officer of the Company, and disclose and operate the privacy policy.
Article 7 (Control over ID and Passwords)
- 1. Each Member shall be responsible for the control over his/her/its ID and Password, and may in no event assign or lend any of them to a third party.
- 2. Each Member and each user shall take the responsibility for any and all damages and losses arising out of the leak, assignment or lending of a Member’s ID or Password that occurs due to a cause that is not attributable to the Company.
- 3. If a Member becomes aware of the theft, or unauthorized use by a third party, of his/her/its ID or Password, the Member shall immediately notify the Company thereof and the Company shall exert its best efforts to handle the situation promptly.
Article 8 (Termination of the User Agreement)
- 1. Termination by members:
- 1) A Member may terminate the User Agreement at any time by notifying the Company of the Member’s intent to terminate it through the applicable service webpage; provided that the Member has taken necessary actions to consAreumte any and all transactions at least 30 days prior to the date of the termination notice.
- 2) A Member shall be solely responsible for any consequences arising out of a termination notice sent within the said period, and upon termination of the User Agreement, the Company may withdraw all benefits additionally granted to the Member by the Company.
- 3) If a Member who has terminated the User Agreement intends to use the Services later again, the Member is required to re-apply the registration with the same process as the initial registration and the Company accepts the application.
- 2. Termination by the Company:
- 1) The Company may terminate the User Agreement in the event of occurrence or finding of the following:
- i) violation of, infringement upon or damage to the rights, reputation, credit or any other interest of any other Member or third party, or breach of Korean laws/regulations or public order and good morals;
- ii) obstruction of or any try to impede the proper processing of the Services provided by the Company
- iii) finding that there is a reason for refusal under Section 7.5 hereof; or
- iv) circumstances in which the Company finds it necessary, in its reasonable judgment, to refuse the provision of the Services.
- 2) If the Company terminates the User Agreement with a Member, the Company will notify the Member of its intent of termination by disclosing the reason(s) for termination by e-mail, by phone or otherwise. The User Agreement shall be terminated at the time when the Company notifies the Member of its intent of termination.
- 3) Even if the Company terminates the User Agreement, these T&C shall continue to apply with respect to the consAreumtion of a sale and purchase contract entered into on or before the termination.
- 4) When the User Agreement is terminated pursuant to this Article, the Company may withdraw all benefits additionally granted to the Member by the Company.
- 5) If the User Agreement is terminated pursuant to this Section, the Company may refuse to accept the Members’ re-application.
Article 9 (Term and Suspension of Provision of the Services)
- 1. The term of the provision of the Services will begin from the date on which use of the Services are applied for, and ends on the date of termination of the User Agreement.
- 2. The Company may suspend its provision of the Services temporarily upon the occurrence of a justifiable event, including without limitation, the maintenance, repair, examination, replacement of information and communications facilities (such as computers), or if such facilities are out of order; provided that the fact and reasons for temporary suspension of the Services shall be notified on the initial landing page of Areum.
- 3. The Company may restrict or temporarily suspend its provision of the Services if it is unable to provide the Services due to an act of God or a force majeure event equivalent thereto.
Article 10 (Service Usage Fees)
The Company may provide various services needed for the freedom of e-commerce between the Members and charge certain fees therefor (i.e., service usage fees) pursuant to its internal policies.
Article 11 (Dormant member system)
- 1. Members inactive (no sign-in activity) for 6 months are changed to 'dormant' status, and are not able to use Areum, or get exclusive benefits.
- 2. Areum notifies members that are about to become dormant 30 days before status change via email. To remain an active member, the member must sign in at Areum before the date the account becomes 'dormant'
- 3. Once an account becomes 'dormant', personal information (such as name, phone number, email address, etc) will be stored in our database, and only used once you choose to re-activate your account.
Chapter 3. Use of Shopping Services of Areum
Article 12 (Execution of Contracts and Payment of Purchase Prices)
- 1. A sale and purchase contract will be executed by a Member offering to purchase a given item on the terms and conditions of sales suggested by the Service. The Company shall in no way take any responsibility for any problems arising from a Buyer's business processes.
- 2. The Company will provide methods for payment of the purchase price in Telegraphic Transfer (TT), Debit/Credit Card, PayPal and Payoneer.
- 3. The Buyer will enter information relating to the payment of the purchase price at his/her/its own responsibility, and shall solely take any and all liabilities and disadvantages arising out of the information entered by the Buyer in relation to the payment of the purchase price.
- 4. The Company may cancel a transaction without the consent of any Member, if the purchase price is not paid within a certain time period after the order is placed.
- 5. The Company will take measures to allow the Buyer to check the contents of the executed sale and purchase contract on the webpage of “Order History” menu in “My Account” and will provide guidance on how to cancel the contract and the relevant procedures.
- 6. The Company may check whether the Buyer is lawfully entitled to use the payment means used when paying the purchase price. The Company may suspend the transaction until the completion of confirmation of the buyer’s right to such use, or cancel the transaction if it is impossible to obtain such confirmation.
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7. The amount actually paid by the Buyer shall be an amount (actual purchase price) remaining after applying to the original price (set by Areum) any basic usage fees, Areum Points, the Buyer’s Credit, delivery fees, details of an option (in the case of an option item) and so on.
The Buyer may confirm the proof of payment (e.g Telegraphic Transfer receipts, PayPal receipts, etc) on the webpage of “Purchase History” menu in “My Account”
- 8. The buyer may use Areum Credit to pay his/her/its purchase with no restriction.
- 9. The buyer may use Areum Points to pay his/her/its purchase according to Areum Point policy. Areum Point policy may change depending on the decisions of the Company and the Service must disclose the policy change at the webpage of Areum at least 7 days prior to the effective date.
Article 13 (Delivery)
- 1. The Company will provide delivery services to provide assistance through delivery networks that are in the business partnership with the Company. The types of delivery will consist of the following:
- 1) FCA: the items purchased by a Member are warehoused in a distribution center of a third party that is in the business partnership with the Company and the Company sends the purchased items to the delivery agency that the Member designates.
- 2) EXW: the items purchased by a Member are warehoused in a distribution center of a third party that is in the business partnership with the Company, and the delivery agency that the Member designates picks up the purchased items at the distribution center.
- 3) DAP: the items purchase by a Member are warehoused in a distribution center of a third party that is in the business partnership with the Company, and the Company sends the purchased items from the warehousing to the destination/recipient that the Member designates through international delivery networks such as UPS, DHL and EMS.
- 2. As a general rule, no Return will be allowed once the stage of delivery commences; provided that, as an exception, if the Company approves an exchange or a Return for a justifiable reason (e.g., an inherent defect in the purchased item, etc.), the purchased item has completed may be returned even if its which delivery is completed.
- 3. A Buyer who intends to obtain the Company’s approval for an exchange or a Return, shall submit objective evidencing materials to the Company to prove the reasons therefor, e.g., an inherent defect in the purchased item.
- 4. If an exchange or a Return is approved by the Company, the Buyer shall contact the International Delivery Customer Center, return the purchased item through a delivery agency located in the relevant area, and provide evidence documents (i.e., evidence of delivery costs, etc.) to the Company.
- 5. If the estimated international delivery costs paid at the time of purchase are greater than actually incurred costs, the Company shall refund the difference to the Buyer with cash or Areum Credit.
- 6. If the estimated international delivery costs paid at the time of purchase are less than actually incurred costs, delivery will be possible only if the Buyer makes the additional payment. If the international delivery costs are not fully paid within one (1) month despite of the Company’s three (3) or more notifications, the purchased item will belong to the Company or be discarded.
- 7. The recipient shall bear all other costs and expenses that may incur and vary depending on the country of shipping/delivery (such as customs, taxes, etc.) in relation to the use of international delivery services.
- 8. In the case of return of the purchased item to the Company for the following reason, the Company will notify it to the Buyer by email or otherwise, and, if the purchased item is not picked up by the Buyer, the purchased item will belong to the Company or be discarded:
- 1) If it is returned because the item cannot be delivered as the address or information on the recipient is inaccurate or unidentifiable, or due to any circumstance attributable to the recipient;
- 2) If it is returned in the course of customers clearance – e.g., because the import of the item to the country of the recipient is prohibited; or
- 3) If it is returned otherwise due to any reason not attributable to the Company.
- 9. A delivery period shall begin on the date following the date on which receipt or settlement of payment is confirmed.
- 10. The Service defines the completion of delivery as follows;
- FCA : the time when Areum delivers ordered products to the request destination by the Buyer
- EXW : the time when the Buyer or his/her/its shipping agency takes over the ordered products from Areum’s warehouse/shipping center,
- DAP : the time when courier completes the delivery to the destination that the Buyer requests
- 11. Days during which delivery is impracticable due to a force majeure event or otherwise shall not be counted as part of a delivery period.
- 12. As a general rule, any dispute arising among the Buyer, a delivery service provider and a financial institution, etc. in relation to the delivery, shall be resolved by the relevant parties, and the Company shall in no way take any responsibility.
- 13. Areum does not provide a status update concerning delivery on the webpages of the Service. However, the Buyer may see a delivery status from the link of the shipping courier’s shipment tracking system in the case of DAP.
- 14. Others
Article 14 (Cancellation)
- 1. A Member may cancel an order of purchase in the cases as follow:
- - If Areum fails to supply more than 20% of the ordered products in terms of the purchased value, the Buyer may choose either to cancel the order or to request Areum to refund the payment for the products that cannot be supplied. In this case, the cancellation fee (Telegraphic Transfer transaction fee, etc) will be borne by Areum.
- - When a Buyer changes his/her/its mind not to purchase the products after confirming the order and before completing the payment via Bank Transfer and Payoneer, the Buyer may cancel the order at the webpage of “My Accout>Order History”.
- - Other than above mentioned two cases, a Member is not allowed to cancel his/her/its order after completing the payment. If a Member needs to cancel the order as an exception, the Member is required to contact the Operator of the Service individually and the Operator decides whether to accept the cancelation or not based on its own judgement. The Operator is not obliged to accept the cancelation request.
- - In the case of cancellation of an order when the order is ready for shipping, if the purchased items have already been shipped at the time the cancellation application is received, as a general rule, the Buyer shall bear the fees for both delivery and return of the shipped items, and such procedures shall follow the procedures for return of purchased goods rather than the procedure for cancellation of purchased goods.
- 2. The Service may cancel an order in the cases as follow:
- - If a Member fails to complete the payment within 5 Korean working days after confirming the purchase, the Service would automatically cancel the purchase. The Service sends the payment reminder 2 Korean working days before the deadline.
- - If the Service finds issues and.or incorrect information with a Member’s payment method, the Service may cancel the purchase.
- - In case of order cancelation by the Service, the Service sends notification to the Member 2 Korean working days before the cancelation and provide time for the Member to amend the issue.
- Others
- 3. As for duly processed cancellation, the refund will be processed as follow;
- - The Buyer, who paid with PayPal, may choose the refund method of either PayPal or Areum Credit. The refund via PayPal, Debit/Credit Card will be refunded within thirty (30) business days and PayPal balance and Bank account within seven (7) business days. In case of the refund with Areum Credit, the payment will be refunded immediately upon the completion of cancellation procedures.
- - The Buyer, who paid with Bank Transfer, may choose the refund method of either Bank Transfer or Areum Credit. The refund via Bank Transfer will be refunded to the relevant Member’s bank account within seven (7) business days once the refund is confirmed. In case of the refund with Areum Credit, the payment will be refunded immediately upon the completion of cancellation procedures.
- - The Buyer, who paid with Payoneer, may choose the refund method of either Payoneer or Areum Credit. The refund via Payoneer will be refunded to the relevant Member’s Payoneer account within two (2) business days. In case of the refund with Areum Credit, the payment will be refunded immediately upon the completion of cancellation procedures.
- - The Buyer, who paid with Debit/Credit Card, may choose the refund method of either Debit/Credit Card or Areum Credit. The refund via Debit/Credit Card will be refunded within thirty (30) business days. In case of the refund with Areum Credit, the payment will be refunded immediately upon the completion of cancellation procedures.
Article 15 (Return)
- 1. A Buyer may demand a return (“Return”) of the purchased items when the purchased products are damaged and/or the incorrect items are delivered. The Buyer shall email to the Operator of the Service with the detailed information for the Return, including photo of the products with issues, reason of the return and refund method.
- 2. The Buyer may request the return within seven (7) days after the completion of the delivery and shall not submit the request after the confirmation of the purchase.
- 3. As a general rule, costs and expenses incurred for the Return (“Return Costs”) shall be borne by a person to whom the reason for the Return is attributable -- e.g., in the case of simple change of Buyer’s mind, the Buyer shall bear the Return Costs, while in the case of a defect in the purchased items, the Seller shall bear the Return Costs.
- 4. When applying for the Return, if the Buyer does not set out the return invoice number or accurately notify (orally or in writing) the Service of the reason(s) for the Return, the Return and refund process may be delayed.
- 5. As for the refund following the Return, after the returned item is received by the Company and after the reasons for the Return and who to bear the costs and expenses for the delivery and Return Costs are confirmed, payment will be refunded to the relevant Member.
- 6. In case the Buyer has to bear the Return Costs, if the additional payment of the Return Costs is not made, the refund may be delayed.
- 7. In the case of all returns, customers must return prizes, free gifts etc for marketing purposes or events, and if customers use free gifts, Areum can charge it by deducting the refund amount. However, this is not the case for returns due to reasons responsible for Areum.
- 8. If the product is opened or the product value is damaged, the product cannot be returned.
Article 16 (Exchange)
- 1. A Buyer may demand an exchange (“Exchange”) of the purchased items when the purchased products are damaged and/or the incorrect items are delivered. The Buyer shall email to the Operator of the Service with the detailed information for the Exchange, including photo of the products with issues, reason of the Exchange and refund method for the difference between the paid amount and the items to be exchanged with.
- 2. The Buyer may request the Exchange within seven ( 7) days after the completion of the delivery and shall not submit the request after the confirmation of the purchase.
- 3. Even if an exchange is requested, an exchange may not be possible if the Service has no stock for the exchange, and in such case, the request will be processed as a Return.
- 4. Costs and expenses incurred for the exchange shall be borne by Areum in the case of a defect in the purchased items and shall be borne by the Buyer in the case of simple change of mind.
- 5. If the item is lost or damaged due to a member's error, the product cannot be exchanged. However, if the packaging is damaged to check the contents, it can be exchanged.
- 6. If the product needs to be exchanged due to the incorrect information of the recipient, the Buyer shall be responsible for the shipping cost.
Article 17 (Refund)
- 1. In the case of a return or exchange due to a defect in the purchased items, the Company will have payment in refund by a method that the Buyer selected upon the purchase.
- - The Buyer, who paid with PayPal, may choose the refund method of either PayPal or Areum Credit. The refund via PayPal, Debit/Credit Card will be refunded within thirty (30) business days and PayPal Balance and Bank account within seven (7) business days. In case of the refund with Areum Credit, the payment will be refunded immediately upon the completion of cancellation procedures.
- - The Buyer, who paid with Bank Transfer, may choose the refund method of either Bank Transfer or Areum Credit. The refund via Bank Transfer will be refunded to the relevant Member’s bank account within seven (7) business days once the refund is confirmed. In case of the refund with Areum Credit, the payment will be refunded immediately upon the completion of cancellation procedures.
- - The Buyer, who paid with Payoneer, may choose the refund method of either Payoneer or Areum Credit. The refund via Payoneer will be refunded to the relevant Member’s Payoneer account within two (2) business days. In case of the refund with Areum Credit, the payment will be refunded immediately upon the completion of cancellation procedures.
- - The Buyer, who paid with Debit/Credit Card, may choose the refund method of either Debit/Credit Card or Areum Credit. The refund via Debit/Credit Card will be refunded within thirty (30) business days. In case of the refund with Areum Credit, the payment will be refunded immediately upon the completion of cancellation procedures.
- 2. The cases of refund include failure of sourcing, partial cancellation, incorrect delivery, non-delivery, and delivery of damaged products.
- 3. If it is not possible for Areum to source goods exceeding 20% of the total purchase value after payment confirmation, Buyer can select a full refund (cancellation) of the previously paid amount or a refund only for the non-sourceable product.
- 4. No refund will be possible after the purchase confirmation.
- 5. In the case of a refund due to a simple customer change of mind, the return shipping cost is the responsibility of the customer.
- 6. If the product needs to be exchanged due to the incorrect information of the recipient, the Buyer shall be responsible for the shipping cost.
- 7. In the case of all refunds, customers must return prizes, free gifts etc for marketing purposes or events, and if customers use free gifts, Areum can charge it by deducting the refund amount. However, this is not the case for refunds due to reasons responsible for Areum.
Article 18 (Exceptions to Return, Exchange or Refund)
In the any of the following cases, the Buyer shall not demand a return, exchange or refund:
- 1) if the item is lost, destroyed or damaged due to a cause attributable to the Buyer;
- 2) if the value of the item has notably decreased due to use or partial consumption by the Buyer;
- 3) if the value of the item has notably decreased due to the passage of time so as to make its resale difficult;
- 4) if the packaging of a duplicable media product (e.g., software, CDs, DVDs, etc.) is damaged; or
- 5) if the item is specially ordered and the Buyer consented in writing (electronic consent included) that, as such, returning the item will likely cause irreparable damage to the Seller.
Chapter 4. Use of Additional Services of Areum
Article 19 (Areum Point)
- 1. The Company may grant certain Areum Points to a Member if the Member is first registered, places the first order or purchases products on Areum; provided that if purchase of products is cancelled or the purchased items are returned, corresponding Areum Points granted by the Company at the time of purchase will be withdrawn.
- 2. Areum Points granted in 2020 will remain valid until 31st December, 2021 from the date of the grant, unless otherwise prescribed by the Company (in which case the Areum Points will remain valid for the otherwise prescribed term). Areum Points will automatically lapse upon the expiry of the valid term.
- 3. Areum Points cannot be withdrawn from the account as cash. Areum Points cannot be transferred to another party or used for illegal purposes. In the event Areum Points are transferred to another party or used for an illegal purpose in violation of the Company’s policy, the Company may withdraw the Areum Points or suspend the Member’s membership after notifying the Member in advance (or if advance notice is not possible, immediately afterward) of the Company’s reasons for doing so.
- 4. The buyer may use Areum Points to pay his/her/its purchase according to Areum Point policy. Areum Point policy may change depending on the decisions of the Company and the Service must disclose the policy change at the webpage of Areum at least 7 days prior to the effective date
Article 20 (Areum Credit)
- - “Areum Credit” means cash-equivalent credits that are deposited on his/her/its account in the Service, as a result of purchase cancellations, refunds, returns, and other activities that consequence difference between the payment and actual value of the purchased goods.
- - Areum Credit can be used as a payment method with no restriction.
- - Areum Credit has no expiration date.
- - If the member closes Areum account, the Areum Credit held by the member will be transferred to the member’s bank account upon his/her/its request. Otherwise, it will be expired after the notice of the Areum Credit expiration to the member.
- - Credit cannot be withdrawn from the account as cash. Credit cannot be transferred to another party or used for illegal purposes. In the event Credits are transferred to another party or used for an illegal purpose in violation of the Company’s policy, the Company may withdraw the Credit or suspend the Member’s membership after notifying the Member in advance (or if advance notice is not possible, immediately afterward) of the Company’s reasons for doing so.
Chapter 5. Management and Protection of Users
Article 21 (Management of Users)
- 1. The Company may take the following actions with respect to a Member who has violated these Terms of Use, applicable laws and general principles of commercial transactions:
- 1) withdrawal of benefits (in part or in whole) provided by the Company additionally;
- 2) restriction upon the use of certain services;
- 3) termination of a User Agreement; and
- 4) bringing a claim for damages.
- 2. If the Company intends to take any action provided in the foregoing section against a Member, the Company must in advance notify the Member thereof by email, and if inevitable (such as, if it is impossible to reach such Member or in an emergency situation), the Company may notify the Member after taking the action.
- 3. A Member may raise an objection to the action (to be) taken by the Company hereunder, if the Member has a reason for such objection.
Article 22 (Management of User’s Credit Rating)
- 1. The Company may ascribe a certain credit rating to the Member, based on the amount, number and frequency of the Member’s purchase and other performance records and the like, and grant certain benefits depending on the respective credit ratings.
- 2. The Company may disclose any and all terms and conditions of the credit ratings ascribed to the Members and respective benefits granted by the Company, and any amendment to such terms and conditions on a separate webpage serviced by it.
Article 23 (Liability for Copyright Infringement)
- 1. The Company has established and enforces a policy to protect the copyrights of copyright owners in connection with the provision of the Services, and Members must comply with the copyright policy of the Company.
- 2. Copyright to various content posted on Areum (whether in its newsletter, Areum blog, product review, Q&A or otherwise) shall vest in the Member who prepared/posted using the shopping services provided by the Company, and if any such content infringes upon copyright of any other person, the Member shall be liable therefor.
- 3. If a Member’s copyright is infringed on Areum\, the Member may protect his/her/its lawful right by sending the copyright infringement report to the Company.
- 4. The Company may without prior notice remove any content posted on Areum or take any action (such as, placing restrictions on the use of certain services, termination of a User Agreement, etc.) against the person who posted the content, in the following case, provided, however, unless the content falls under any of the following cases, the Company shall not remove the content based solely on the reason that it includes information disadvantageous to the Seller, such as dissatisfaction with the purchased item.
- 1) if the laws and regulations of Korea are violated;
- 2) if an illegal product, or obscene content, of which sales are prohibited under applicable laws and regulations, is posted or advertised;
- 3) if any untrue or exaggerated statement for advertisement is included in the content;
- 4) if other’s rights, reputation, credit or other lawful interests are infringed or violated;
- 5) if a link inducing to a direct dealing (i.e., deviating Areum) or to another website is posted;
- 6) if any malignant code or data are included in the content;
- 7) if it is against the social or public order in the society or against good morals and traditional customs;
- 8) if it is found impeding smooth operation of Areum services provided by the Company;
- 9) if it contains content related to criminal acts; or
- 10) if it contains content that instigates political or economic disputes.
- 5. Any content posted on the Areum (whether in its newsletter, Areum blog, product review, Q&A or otherwise) and prepared by a Member may be reproduced, distributed, transmitted or exhibited on other websites partnering with the Company for the purposes of promotion, advertisement of any products transacted on the Areum, and may be revised or edited to the extent not changing the essential substance thereof.
Article 24 (Customer Center)
- 1. The Company will operate the Customer Support Center for addressing customer concerns and resolution by the mediation of a dispute between Members, or between a Member and a third party.
- 2. If the Company determines that the complaints and comments submitted by the Members are reasonable, then the Company shall address these concerns as soon as possible, by notifying the Members of the case progress within three ( 3) business days, and the results of its investigation and remedies within ten ( 10) business days.
- 3. Members shall, with sincerity, respond to the mediation process through the Customer Center.
Article 25 (Prohibited Activities)
- 1. System-related Misbehavior
- 1) No one may use the Services or access to the system in an unusual manner without utilizing the process and the method provided by the Company for the use of Services is prohibited.
- 2) If any system-related misbehavior is found by the Company, the Company may cancel benefits (whether in part or in whole) additionally provided by the Company, placing restrictions on the offender’s use of certain services, terminate a User Agreement and take any other actions. If any damages arising out of the misbehavior, the Company may demand the offender to compensate for all such damages.
- 2. Settlement-related Misbehavior
- 1) No one may use the shopping services provided by the Company in another’s name or with the information on another’s credit card, bank account, and the like.
- 2) No one may conduct unusual settlement in a manner prohibited by applicable laws (such as, the Specialized Credit Financial Business Act), e.g., lending or borrowing funds to or from another in the guide of sales of goods or provision of services. If any such misbehavior is found by the Company, the Company may terminate a User Agreement or suspend the transaction concerned and report it to the competent authority.
- 3) No one may conduct a purchase without any intent to actually make a purchase (e.g., where no delivery follows the purchase). If any such misbehavior is found by the Company, the Company may cancel the transactions concerned and impose sanctions depending on the circumstances.
- 3. Other Prohibited Activities
- 1) No Member may conduct any activity that causes damages or losses to the Company and interferes the fostering of fair market environment. If any such misbehavior is found by the Company, the Company may cancel the transactions concerned and impose sanctions (including suspension of entering into any transaction) depending on the circumstances.
- 2) The Company may suspend a Member’s eligibility/membership or refuse or limit the provision of services in any of the following events and may take other necessary measures to ensure compliance with laws and regulations, protect the rights of third parties, secure the safety of the website, etc.
- i) Export or re-export of Areum or tools in violation of export-related laws and regulations, rules or restrictions.
- ii) Commercialization of Areum or data and software related to Areum.
Chapter 6. Miscellaneous
Article 26 (Relationship between Rules to Comply and Applicable Laws and Regulations)
- 1. Any matters not provided in the T&C shall be governed by the e-Commerce Act, any other applicable laws and regulations, and general commercial practices.
- 2. For transactions executed through the shopping service provided by the Company, the e-Commerce Act and other applicable laws and regulations shall primarily apply to the parties to the transactions, and neither party may not claim release of its liabilities in reliance with the T&C.
- 3. If necessary, the Company may set out separate terms that apply to specific services (“Individual Terms”) and post the Individual Terms on the Areum homepage or otherwise for advance notification.
- 4. Amendment of the Individual Terms provided in Section 38.3 above will be effective 14 days after initially posted on the initial landing page of Areum, and will be posted for a 14-day period until the date immediately preceding the effective date.
- 5. Member shall pay attention to any changes to the T&C and the Individual Terms, and when any amendment thereto is posted, Members shall review and check them.
Article 27 (Disclaimer)
- 1. As a mail-order intermediary, the Company only provides a transaction system that is based on the Areum platform. Parties to a transaction shall be responsible in the event of any disputes arising in connection with any transaction using the Areum transaction system.
- 2. Absent willful misconduct or gross negligence of the Company, the Company shall not be liable for any damages suffered by a Member or a third party due to temporary suspension of the Services pursuant to Section 11.2.
- 3. If the Company restricts or suspends the Services pursuant to Section 11.3, the Company shall on grounds of a force majeure event be released from any liability for damages.
- 4. The Company shall not be liable for any disruption or other interruption in the use of the Services that has arisen for a reason attributable to a Member.
- 5. The Company shall in no event be liable for any damages whatsoever, arising from a Member’s disclosure or provision of the Member’s personal information to another.
- 6. Transactions on Areum may not be conducted in real time. Transactions on Areum may be restricted or delayed due to issues with the wireless data service network, etc. used by the Member and the Member’s current location.
Article 28 (Jurisdiction)
Any dispute/lawsuit arising from or out of this agreement or user policy, to which the Company is a party, shall be submitted to the competent court having jurisdiction over the place where the head office of the Company is located.
Article 29 (Others)
- 1. The Company may, if necessary, change or suspend certain Services (or part thereof) temporarily or permanently by providing advance notice on the homepage of its website.
- 2. Neither the Company nor Members shall transfer any rights and obligations under the T&C to a third party without the express consent of the other party.
- 3. All agreements, memoranda of understanding, notices and other instruments additionally executed between the parties and any and all notices to Members by the Company by posting on Areum pursuant to changes in the Company’s policies, enactment and amendment of laws and regulations, public announcements and guidelines of the authorities, and the like, shall constitute part of the T&C.
Effective Date: April 28, 2020