COLLER LIMITED User Agrement
Article 1 (Purpose) This agreement aims to regulate the rights, obligations, responsibilities and items on "service" using procedure by "member" of "company" and "member" (defined in Article 2) in relation with e-commerce service (hereinafter referred to as "service") provided via internet website (hereinafter referred to as "website") operated by Stripes (hereinafter referred to as "company"). Article 2 (Definition of Terms) (1) The definitions of terms used in this agreement are as follows. 1) "Website" (as of March 2013) operated by "company" is as follows. * collerlimited.com/ - Other websites announced and provided by "company" in the future 2) Member: Refers to the person who provided personal information to "company" and registered for member, and entered user agreement for "service" with "company" according to this agreement and was given ID. 3) ID: Refers to a combination of alphabet and number selected by "member" and approved by "company" for identification of "member" and use of "service". 4) Password: Refers to the combination of alphabet and number set by "member" itself and registered at "company" for identification check of "member" and for protecting benefit of company and secret. 5) Point: Refers to the cyber money exclusive for "company" that can be used as cash when using "service". 6) Discount coupon: Refers to the digital security providing discount to the face value indicated on the security when purchasing "ticket" or "goods". 7) Post: Refers to postings in symbols, texts and voice forms, images, movie clips and various files and links posted on "website" during use of "service" by "member". (2) Any terms not defined in this agreement shall comply with as set by related laws. Article 3 (Statement, Description and Modification of Agreement) (1) The "company" shall post the content of this agreement, name of "company", location of business site, name of representative, business registration number, and contact details (phone, fax, email, etc.) on the front "service" page of the "website" to acknowledge the "member". However, the details of this agreement shall be viewed by "member" from connected pages. (2) The "company" may amend this agreement within the range of not breaching the laws related to regulation of this agreement, Framework Act on Electronic Commerce, Digital Signature Act, the law regarding the promotion of information and communication betwork use and protection of information, Framework Act on Consumer, and laws related to protection and use of location information. (3) In case the "company" modifies this agreement, it shall announce its application date and reason for modification along with the current agreement on the notice board in the "website" at least from 7 days before application date until one day before the application date. (4) If the "member" continues to use "service" of "company" after the application date announced as in the previous article, it will be regarded that he agrees with the modified agreement. Any "member" who does not agree with the modified agreement may terminate "service" use agreement at anytime. In case "member" using charged "service" cannot agree with the modification of this agreement and cancels the agreement, it shall comply with the refund policy set by the "company". (5) Any items not set by this agreement and interpretation of this agreement shall comply with the consumer protection guideline and related laws in e-commerce set by government. Article 4 (Agreement and Condition of Use for Separate Service) The "company" may get consent of "member" by setting separate agreement and condition of use for individual "service" by "service" according to details of content of "service" provided by "company". In this case, the user agreement for each "service" precedes this agreement. Article 5 (Establishment of User Agreement) (1) User agreement is established by the agreement on contract by "member" and consent of "company" on application for use. (2) The time for establishment of user agreemnt shall be from the time of stating the indication of completion of joining by "company" in the application procedure. (3) User agreement can be applied by member of over 14 years of age. Article 6 (Application and Consent of Use) (1) "Member" shall apply to join membership by making declaration of agreeing to this contract by entering member information based on the application form set by "company". (2) "Company" may request for personal authentication procedure via professional institution to "member" when applying for use as in previous clause. (3) "Company" may refuse or cancel user agreement later for application of use corresponding to the following. 1) If it was found that it is not actual name of "member" when "company" performed real name confirmation. 2) If the name and email address are the same as previous "member" 3) In case of stealing name of others or in case of falsity, omission or error in registered content 4) In case of applying for reutilization within 3 months from being cancelled of user agreement by "company" 5) In case of losing membership previously from this agreement. However, anyone who, after losing membership and lapsed 3 months, gained reentrance of "member" of "company" shall be exempted. 6) In case of using "service" for abusive purpose or to gain profit 7) In case of applying for purpose breaching related laws or that may farm order of society or custom 8) In case there is no room for facility in "service" operation of "company" or technical hardship. However, in this case, consent may be deferred until the cause is resolved. 9) 9) In case of application by child of under 14 years of age 10) Other cases where breach of this agreement, illegal or unruly application for use has been confirmed or "company" decides necessary based on justified decision (4) "Member", in case of change in user application form written at the time of application, shall modify personal information online on "website" or inform "company" of the change via email and other methods. "Member" shall be liable for any disadvantage caused by not informing this. Article 7 (Service Using Time) In principle, the use of "service" shall be 24 hours a day without public holidays if there is no special causes in work or technology of "company". However, the days and times set by "company" due to regular inspection, etc. shall be exempted. Article 8 (Obligation of Member on ID and Password) (1) "Member" is responsible for managing "ID" and "password" and bears all criminal and civil liability by being negligent. (2) "Member" must not let third party to use one's own "ID" and "password". (3) In case "member" perceives that one's own "ID" and "password" have been stolen or used by third party, it shall immediately notify "company" and comply with any measures by "company". (4) "Member" is responsible for all disadvantages caused by not notifying as in previous clause or not complying with the measures of "company". Article 9 (Obligation of Member) (1) "Member" shall comply with items announced by "comapny" including regulation of this agreement and user guide, and must not act against the work of "company". (2) "Member" must not engage in the following acts in relation to using "service". 1) 1) Registration of false information when applying or changing "service" 2) 2) Modification of information announced by "company" without consent 3) 3) Transmission or notification of information (computer program, etc.) apart from information set by "company" 4) Breach of intellectual property such as copyright of "company" and third party 5) Engaging in act that may damage honor or interfere work of "company" and third party 6) Nonfulfillment of obligation of "member" 7) Ebgaging in act breaching related laws and regulations set by "company" Article 10 (Obligation of Company) (1) The company shall not engage in acts prohibited by this agreement and related laws and against the beautiful and fine customs, and shall devote in prodiving consistent and stable "service" as set by this agreement. (2) The company shall, in order for "member" to safely use "service", be equipped with security system for protecting personal information (including credit information) of "member", and announce and comply with personal information handling policy.. Article 11 (Purchase Applications) (1) "Member" shall apply for purchase of "goods, etc." based on the regulations set by this agreement and "company". - Enter member information (name, contact details, email address) - Enter optional information such as "goods, etc." - Enter body size for providing customized service - Enter shipment information (name, contact details, address) - Select transaction method - Indicate agreement to provision of personal information to third party and conditions for use (e.g. clicking by mouse) (2) In relation with transaction, "member" shall bear all responsibilities and disadvantages occurring in relation with entered information by "member". Article 12 (Available Transaction Method) Member may select payment method for "goods" purchased from "company" as one of the following. 1) Credit card, etc. 2) Point 3) Discount coupon 4) Real time account transfer 6) Other transaction method additionally set by "company" Article 13 (Point Service) (1) "Member" can use "point" on "website" as the transaction method for purchasing "goods, etc.", and "company" shall announce or notify the accumulating standard, using method, using period, and restrictions on "service" page. The terms of use of "point" may be changed according to policy of "company". (2) In principle, the expiry date of "point" is 3 months after transfer/accumulation, and if not used, it will extinct in order. However, the expiry date of "point" given from marketing and other promotion can be separately set. (3) "Point" cannot be reimbursed into cash, and shall expire when the using period of "point" expires or using contract terminates. (4) "Member" cannot trade "point" with third party at charge or transfer to cash. (5) "Company", if "member" uses "point" for abusive purpose or use, can deprive of the "point" or terminate "member" qualification. (6) Unused "point" from transferred/accumulated "point" shall immediately deprive when "member" unsubscribes, and shall not be recovered even if the "member" rejoins after unsubscribing. Article 14 (Discount Coupon Service) (1) "Company" may issue "discount coupon" and set the using target, using method, using period and discounted amount so that "member" can use "discount coupon" on "website" as transaction method for purchasing "ticket" or "goods, etc." The types and content of "discount coupon" may be changed based on policy of "company". (2) "Company" shall indicate or notify the using target, using method, using period, and discounted amount of "discount coupons" on "discount coupon" and/or "service" page. (3) "Discount coupon" cannot be reimbursed into cash, and shall deprive when the expiry date lapses or using agreement terminates. "Member" cannot trade "discount coupon" with third party on charge or transfer to cash. (4) "Company", in case "member" requests for cancellation of purchase or refund after using "discount coupon", may recover and issue "discount coupon" with the same expiry date with the "discount coupon" used by the "member". (5) "Company" may deprive "discount coupon" or terminate "member" qualification if "member" uses "discount coupon" for abusive purpose or use. (6) Unused "point" from transferred/accumulated "point" shall immediately deprive when "member" unsubscribes, and shall not be recovered even if the "member" rejoins after unsubscribing. Article 15 (Provision of Information) "Company" may provide various information on using "service" to "member" via email, written letter and SMS, and "member" may refuse to receive it. However, "company" may provide essential information for using "service" (e.g. change in related regulations/policies) or benefits (e.g. payment of "point" and "discount coupon") regardless of refusal intention of "member". Article 16 (Notification to Member) (1) When "company" notifies to "member", it can do so via email address or SMS submitted by "member" to "company" at the time of joining membership. (2) When "company" notifies to unspecified "members", it can substitute individual notification by notifying it on "website" for over 1 week. However, it shall individually notify of any matters that may take serious effect on the transaction of "member". Article 17 (Management of Posts) (1) "Company", in case post corresponds to the following, can delete relevant post without advance notification or take measures such as restricting viewing. 1) If it breaches lawful benefit of others such as rights, honor or credit 2) If it contains breach of public order or beautiful and fine customs 3) If it includes content related to criminal act 4) If it contains content breaching rights such as copyright of "company" and copyright of third party 5) If illegal matters, pornography or harmful media to teenagers was announced, advertised or linked 6) If commercial advertisement without advance approval from "company" was announced or link to other website was announced 7) If the content is irrelevant to product 8) If it is decided that it interferes smooth exeuction of "service" and other sales activities provided by "company" 9) If it is decieded that it breaches agreement or related laws (2) If the "company" is paying the third party compensation due to the post as in previous clause (regardless of mediation, judgment, civil or criminal), the "member" with imputable cause shall pay the same amount to "company" as soon as "company" pays compensation to third party. Article 18 (Approval for Exclusive Use of Copyright of Posts) (1) The copyright for "post" written by "member" is with the "member" itself, and in case the relevant "post" breaches copyright of others, the "member" shall be responsible for this. (2) "Member" shall grant the license to "company" to exclusively use the "post" written by itself. From this, "company" can indefinitely use free of charge the "post" written by the "member" to expose in search, promotion, and sales promotion, and may modify, copy or edit part of "post" within necessary range. Article 19 (Restriction of Use) (1) "Company" may, in case the "member" corresponds to any of the following, restrict use of "service" in stages such as warning, suspension and indefinite stopping of use. 1) In case of registering false information when applying for membership 2) When in relation with using "service" and payment of "goods", "member" does not execute financial burden on "member" 3) In case of threatening e-commerce order by interfering "service" use of others or stealing information 4) In case of engaging in acts prohibited by this agreement or against public order and beautiful and fine customs by using "company" 5) In case "member" reused or used in similar industry the SMS sent from purchasing "ticket" by arbitrarily modifying it (2) The "company", regardless of the previous clause, in case of illegal use of other's name breaching resident registration law, stealing transaction, copyright act and breaching the law regarding the promotion of information and communication network use and protection of information such as illegal communication and hacking, distributing malicious programs, may immediately stop use indefinitely. In case of indefinite sopping of use according to this clause, all points, discount coupons and other benefits shall perish, and "company" shall not compensate for this. (3) If "service" use is restricted according to this clause, this shall be notified to "member" based on Article 24, Clause 2-2, and opportunity to opinion shall be granted before termination of membership. (4) "Company" may restrict use of "service" to "member" based on the law on movie and video promotion and youth protection law. Article 20 (Suspension of Service Provision) (1) "Company" may suspend provision of "service" in case of the following. 1) For unavoidable reason from construction such as facility repair for "service" 2) If electronic communication "service" was stopped by network service provider set by electronic communication business law 3) In other uncontrollable reasons (2) "Company" may restrict or stop all or part of "service" in case of "service" facility failure such as national emergency status, black out or overload of "service". Article 21 (Termination of User Agreement) (1) Cancellation of membership 1) 1) "Member" can terminate user agreement via my page tab of "website" at anytime. 2) "Member" who cancelled membership as in previous clause can rejoin as "member" according to regulation set by "company" (2) Cancellation of company 1) "Company" may cancel user agreement in case of the following cause with "member" and possession of information on relevant "member" shall comply with personal information handling policy. ① In case refusal of consent has been confirmed as Clause 6-2 ② In case of breaching Korean laws or good public order by breaching justifiable rights, honor, credit of "company" or other "member" ③ In case of engaging in act that may promoting distrust based on unconfirmed fact on "goods, etc." sold by "company" ④ In case of interfering or attempting to interfere with smooth execution of "service" provided by "company" ⑤ In case of recognizing the need to refuse provision of "service" based on reasonable decision of "company" 2) User agreement shall be terminated at the time when "company" notifies termination intention to "member". In this case, the "company" shall notify its termination intention by email, phone or other method registered by "member". (3) When user agreement is terminated, "point" and "discount coupon" of "member" will deprive, and refund will be processed based on refund policy of "company". (4) Any loss incurred in relation with termination of user agreement shall be borne by relevant "member" whose user agreement terminated, and "company" shall not be responsible. Article 22 (Restoration of Copyright and Restriction of Use) (1) The copyright, patent right, trademark, and other intellectual property on works of "company" shall belong to company. (2) Member shall not use information gained from using service or let third party to use by copying, sending, publishing, distriuting or broadcasting without the consent of company. Article 23 (Personal Information Protection) (1) The company shall, in order to protect personal information of member, comply with the personal information protection law such as the law regarding the promotion of information and communication network use and protection of information. For protection and use of personal information, the related laws and personal information handling policy of company shall be applied. (2) Company shall, in order to protect personal information of member, enact personal information handling policy and notify it on initial page of service. However, details of personal information handling policy can be viewed in the connecting page. (3) Company shall not use for purpose rather than for operating service of company or provide to third party the information provided by member for user agreement without the consent of member. However, the following shall be exempted. 1) In case use of member information and provision of information to third party are allowed based on law 2) In case of providing minimal member information required for shipment work and execution of trade (name, address, contact details, etc.) to shipping company 3) If member's consent was gained based on company agreement and policy Article 24 (Preservation of Record) (1) Company shall, according to the law related with consumer protection in e-commerce, preserve the following record for a period set by law. 1) record on user agreement or cancellation of contract 2) Record on transaction and shipment (limited to information used for identification of transaction such as name, address, mobile phone number, email, residence registration number, etc.) (2) Company shall preserve information related to use of ticket during the relevant expiry date if the member could not use the ticket. Article 25 (Exemption) (1) The company shall be exempted for its liability for providing service if service could not be provided due to uncontrollable cause such as natural disaster. (2) Company shall not be liable to obstacle of service use due to causes imputable to member. (3) Company shall not be liable to loss of expected benefit from using service by member, and shall not be responsible for any loss from information gained from service. (4) Company shall not be responsible for information, data, reliaiblity of fact, and accuracy notified by member. (5) Company shall not be responsible in case of trading between members or between member and third party with service as the medium. Article 26 (Resolution of Dispute) Company shall process first the complaints and opinions of member. However, if immediate processing is not possible, the cause and processing schedule shall be notified to member. Article 27 (Governing Law and Competent Court) (1) For interpretation of this agreement and disputes between company and member, the laws of Korea shall be applied. (2) The lawsuit between company and member during use of service shall be based on the address of member at the time of filing, and in case there is no address, the regional court in the jurisdiction shall be the exclusive jurisdiction. However, if the address or residential of member at the time of filing is unclear or in case of overseas resident, it shall be filed at the jurisdiction court of civil procedure code. * Supplementary Provision 1. This agreement shall be applied from March 22, 2013.