The purpose of the following Terms and Conditions of Use(‘T&C’) is to establish guidelines on rights, duties and responsibilities
of cybermall Users utilizing the internet-related services (hereinafter referred
to as the ‘Services’) provided
by the Incumate Co., Ltd.cybermall
(hereinafter referred to as the ‘Mall’) operated by Incumate
Co., Ltd. company (e-commerce company).
※ 『Unless transactions contradict its properties, the
following terms apply to e-commerce transactions utilizing methods of PC
communication, wireless and others』
Article 2 (Definition)
①‘Mall’ refers to a virtual business site
established by Incumate Co., Ltd. company
to trade goods or services (hereinafter referred to as ‘Goods and Services’) using computers and
information communication facilities to provide Goods and Services to Users.
The term can also be defined as a company operating a cybermall.
②‘User’ refers to a Member and
Non-Member who has accessed the ‘Mall’ to use the services provided by the ‘Mall’ in accordance with this T&C.
③‘Member’ refers to a User who
uses the services provided by the ‘Mall’ by subscribing for Membership.
④‘Non-Member’ refers to a User
who uses the services provided by the ‘Mall’ without subscription.
Article 3 (Display,
Explanation and Amendment of Terms and Conditions of Use)
① The ‘Mall’ shall,
for easy recognition by Users, display the contents of this T&C, name of
company and representative, business address(including an address handling
customer complaints), phone number, fax number, email address, business license
number, e-commerce permit number, and the name of personal information manager
on the main page of the ‘Mall’. Only the content of this T&C can be displayed though a link
② Prior to User’s final
agreement to this T&C, the ‘Mall’ shall provide a separate link or pop-up screen to obtain User’s verification on the terms of cancellation rights, delivery
responsibilities, refund conditions and other important details.
③ The ‘Mall’ may make amendments within the permissible range without violating
applicable laws such as the 「Act on Consumer Protection
in Electronic Commerce」, 「Regulation
of T&C」, 「Framework Act on
Electronic Commerce and Electronic Document」, 「Electronic Financial Transaction Act」, 「Electronic Signature Act」, 「Act on Protection of Information and Promotion of Utilization of
Information and Communications Network」, 「Door-To-Door Sales Act」, 「Framework Act on Consumers」 and other
related Consumer Protection Laws.
④ The ‘Mall’ shall specify the effective date and the reasons for amendment of
the terms and have post on the initial screen for 7 days prior to effective
date until the day before the effective date.
If the amendment is modified to the User’s
disadvantage, then the ‘Mall’
shall grant at least 30 days of grace period for notice. In this case, the ‘Mall’ shall clarify the ‘before and after’ changes in an ‘easy-to-understand’ manner.
⑤ When the ‘Mall’ makes an amendment to the T&C, the modified T&C shall be
applied only to contracts concluded after the effective date, whereas all
contracts concluded before the effective date will remain under the provisions
of the old T&C. However, if the User who has already signed the contract
wishes to have the amendments administered, then the User may send his/her
intent to the ‘Mall’ and
acquire consent from the ‘Mall’
within the notice period stated in Clause ③ and it
shall be applied accordingly.
⑥ Any information not specified and interpreted in this
T&C shall be in accordance with the e-commerce Transaction Guidelines and
Related Consumer Protection Acts provided by the Fair Trade Commission and
other applicable Consumer Protection Laws and Regulation of T&C Act.
Article 4 (Provision
& Replacement of Service)
① The ‘Mall’ shall
perform the following duties:
1. Provide information regarding Goods and Services and conclude purchasing
2. Deliver Goods and Services on purchase contract.
3. Other duties designated by the ‘Mall.’
② The ‘Mall’ may replace Goods and Services provided in future T&C in the
event that Goods and Services are sold out or technical specifications are
revised. In this case, the ‘Mall’ shall immediately announce the replacement of Goods and Services
and the date of application on the page where present Goods and Services are
③ In the event that Goods and Services are replaced
because of a change in technical specifications or when Goods and Services are
sold out, the ‘Mall’ shall
immediately notify the cause of replacement to the addresses of the Users.
④ Following the previous Clause, the ‘Mall’ shall compensate for all damages
caused. However, this shall not apply if the ‘Mall’ proves that such event is not caused by its intention or
Article 5 (Suspension
① The ‘Mall’ may
temporarily suspend its services as a result of the following reasons:
maintenance of computers and telecommunications equipment, replacement or
damage repairs, and interruption of communication.
② The ‘Mall’ shall compensate User or any Third Party Member of damages caused
by the temporary suspension of services due to reason(s) detailed in Clause ①. However, this shall not apply if the ‘Mall’ proves that such event is not caused by its intention or
③ In the case of a conversion of business item,
abandonment of business, merging between businesses and for other various
reasons, the ‘Mall’ shall
notify the consumer as specified in Article 8 and reward consumer in accordance
with the conditions suggested by the original ‘Mall.’ However, if the ‘Mall’ does not advise such standard of compensation, the ‘Mall’ shall pay Users for their mileage or
reserve in kind or cash of which value corresponds to the currency being used
at the ‘Mall.’
Article 6 (Membership)
① The User shall apply for Membership by expressing his/her intent to
agree to this T&C after filling out the form designated by the ‘Mall’ with Member’s
② The ‘Mall’ shall register all Users who apply for Membership in the manner stipulated
in Clause ① unless the User is not engaged in one of
the following issues:
1. After the applicant has lost Membership for reasons indicated in Article 7
Clause ③, the applicant may acquire approval to
re-subscribe for Membership three years after the loss of Membership.
2. Entry of false information or omission in the registration form.
3. If deemed that registering the User would present technical difficulties to
③ Establishment of Membership becomes effective at the
time that the Member receives the ‘Mall’s approval of Membership.
④ In due course of time, the Member shall update the ‘Mall’ with any changes to his/her account
information through the methods of editing personal information.
Article 7 (Withdrawal
from Membership & Loss of Eligibility)
① Members of the ‘Mall’ may request, at any time, to withdraw from Membership and the ‘Mall’ shall immediately process the request.
② The ‘Mall’ may limit or suspend Membership for the following reasons:
1. Entry of false information or omission in the registration form.
2. If the purchase payment of goods and other ‘Mall’ usage related liabilities have not been paid for before the
3. If Member interferes with others to use the ‘Mall’ or threatens the order of e-commerce (such as the illegal use of
4. If Member uses the ‘Mall’ to
act against public order and morals prohibited by the law and this ‘T&C.’
③ The ‘Mall’ may forfeit Membership of the Member whose Membership was suspended
or limited, if the same actions are repeated twice or more, or if the cause is
not corrected within 30 days.
④ When the ‘Mall’ forfeits Membership, all information will be cancelled. Prior to
cancellation, the ‘Mall’ shall
notify the Member and give at least 30 days or more to grant an opportunity to
explain the cause.
Article 8 (Notification
① Any notifications from the ‘Mall’ will be sent to the email address designated in advance by the
Member during registration.
② In the event of sending notifications to unspecified
Members, a display of notifications on the notice board on the website for 1
week or more may replace sending emails. However, the ‘Mall’ shall send individual notice to a Member in regards to matters
which may have a significant influence in his/her transaction.
Article 9 (Application
① The User shall apply for purchase in the following or in a similar
manner, and the ‘Mall’ shall
provide the User with the following information in an ‘easy-to-understand’ manner to aid in his/her request for purchase.
1. Search and select Goods and Services
2. Enter name of recipient, address, phone number, email address (or mobile
3. Confirm matter(s) in respect to the contents of this T&C, limited
cancellation policies, delivery fees, installation fees, and others
4. Express agreement to this T&C and confirm or refuse the above Item 3
(ex. mouse click)
5. Apply and confirm purchase of goods; Agree to allow confirmation of
application from the ‘Mall’
6. Select payment method
② In case of an
inevitable need (for the ‘Mall’)
to disclose∙consign consumer’s
personal information to a third party, the ‘Mall’ shall obtain consumer’s consent at the time
of applying for purchase. This consent is not obtained in advance at the time
of applying for Membership. At this time, the ‘Mall’ shall specify to the consumer the provisions of personal
information that are being disclosed, information of the receiving party,
purpose and intent of use and the duration of retention∙use. But, consignment of personal information according to Clause ① of Article 25 in the 「Act on Protection of
Information and Promotion of Utilization of Information and Communications
Network」 shall comply with relevant laws and
legislations in regards to affairs not mentioned in the Act.
Article 10 (Conclusion
① The ‘Mall’ may not
accept request for purchase in Article 9 if it falls under one of the following
items. In the event of concluding a contract with a minor, the ‘Mall’ shall notify that the failure to acquire
agreement from a legal representative may cause cancellation of the contract by
the minor him/herself or the legal representative.
1. Entry of false information or omission in the registration form
2. Purchase of cigarettes and liquor and other Goods and Services prohibited by
the Youth Protection Law
3. If deemed that accepting application for purchase may cause technical
problems to the ‘Mall’
② The contract is deemed to be concluded when the
acceptance of the ‘Mall’ is
delivered to the User in the form stipulated in Clause ① of Article 12.
③ The acceptance of the ‘Mall’ shall include confirmation on the User’s
request for purchase, availability of sales, and correction or cancellation of
the request for purchase.
Article 11 (Payment
The method of payment for Goods and Services purchased through the ‘Mall’ may be selected from the following items. The ‘Mall’ may not collect any additional fees
regarding payment for Goods and Services.
1. Account transfer through phone banking, internet banking, mail banking and
2. Card payment through prepaid card, debit card, credit card, and others.
3. Online bank transfer
4. Electronic money
5. Payment upon receipt
6. Mileage points or points offered by the ‘Mall’
7. Gift voucher contracted or approved by the ‘Mall’
8. Other means of electronic payment
Article 12 (Notice of
Receipt, Change and Cancellation of Application for Purchase)
① The ‘Mall’ shall
send a notice of receipt to the User after receiving the User’s application for purchase.
② In the case of a discord between the User’s intent and the received notice, the User may change or cancel the
application for purchase immediately after receipt. If the request for change
or cancellation is made prior to delivery, the ‘Mall’ shall process the request accordingly without any delay. In the
event that payment has already been made, User shall follow the guidelines
detailed in Article 15 - Cancellation of Purchase.
Article 13 (Provision
of Goods and Services)
① Unless otherwise specified, the ‘Mall’ shall take necessary measures such as customizing production and
packaging and deliver Goods and Services within 7 days from the date of
purchase. However, if the ‘Mall’ has already received payment in whole or in part, then delivery
shall be processed within 3 business days from the date of receipt. In such
instances, the ‘Mall’ shall
take necessary measures to inform the User on procedures of provision and
delivery status of Goods and Services.
② The ‘Mall’ shall specify delivery method, payer, and delivery time for each
delivery method for the Goods and Services purchased by the User. In the event
that the ‘Mall’ exceeds the
designated period of delivery, it shall compensate the User for damages.
However, this shall not apply if the ‘Mall’ proves that such event is not caused by its intention or
Article 14 (Refund)
In the event that the Goods and Services are sold-out or unavailable and cannot
be provided or delivered to a User who applied for purchase, the ‘Mall’ shall notify the User without any delay, and if payment for Goods
and Services has already been made in advance, the ‘Mall’ shall take necessary measures or refund payment within 3 business
days from the date of receipt.
(Cancellation of Purchase)
① The User who purchased Goods and Services by concluding the
contract with the ‘Mall’ in
accordance to Clause ② of Article 13 in the 「Acts on Consumer Protection in Electronic Commerce」 may cancel purchase within 7 days from the date on which the User
received a written contract (if the written contract is received later than the
supply of Goods and Services, then the receipt date is set on the date when
User received the Goods and Services or when Goods and Services have been
supplied). But, cancellation of purchase according to 「Acts
on Consumer Protection in Electronic Commerce」 shall
comply with relevant laws and legislations in regards to affairs not mentioned
in the Acts.
② The User may not return or exchange Goods and
Services in the event of one of the following reasons:
1. Delivered Goods lost or damaged at the fault of the User (however,
cancellation of purchase may be acceptable if packaging was damaged in the
process of checking content)
2. Significant decrease in value of Goods and Services due to partial use or
consumption by the User
3. Not available for resale due to a significant decrease in value of Goods and
Services from lapse of time
4. The Goods may be replaced by Goods showing the same performance, but
packaging of the original is damaged
③ In the case of items 2 or 4 of Article 2 Clause ②, the cancellation of purchase by User will not be limited if the ‘Mall’ failed to clearly specify the fact
that cancellation of purchase is limited or that it would take necessary
measures to provide the Goods.
④ Despite Clause ① and ②, the User may cancel his/her purchase of goods within 3 months from
the date of receipt of the goods or within 30 days from the date on which
he/she recognized or could have recognized that Goods and Services differ from
the advertisement or the provision of contract.
Article 16 (Effect of
Cancellation of Purchase)
① In the event of a return of Goods from a User, the ‘Mall’ shall refund payment of Goods within 3
business days. In the event of a delay in refund, the ‘Mall’ shall pay User with the interest calculated by the number of days
delayed with the overdue interest rate indicated on the 「Act on Consumer Protection in Electronic Commerce」
② In regards to the above-mentioned case, if the User
made payment of Goods with credit card or electronic money, the ‘Mall’ shall immediately request the business
who provided such payment method to suspend or cancel payment.
③ In the event of any cancellation of purchase, the
User shall bear the costs arising from returning the Goods. On the account of
the User’s cancellation of purchase, the ‘Mall’ shall not claim charge for
cancellation or compensation for damage. However, in the event of a
cancellation of purchase caused by a discord in the contents of Goods and the
advertisement or the provision of contract, the ‘Mall’ shall bear the costs of returning the Goods.
④ If the User bore the delivery fees when he/she
received the Goods, the ‘Mall’
shall specify and make noticeable as to who would bear the delivery fees upon
cancellation of purchase.
Article 17 (Protection
of Personal Information)
① The ‘Mall’ collects
a minimum amount of information necessary to provide the services.
② At the time of applying for Membership, the ‘Mall’ shall not collect information needed
for the performance of purchase contract in advance. But, in the case where
personal identification is required before the performance of a purchase
contract, a minimum amount of specified personal information is collected for
the fulfillment of obligation in regards to relevant laws and legislation.
③ The ‘Mall’ shall obtain consent from User to collect∙use
personal information by notifying User with the aim/purpose of collection∙use.
④ The ‘Mall’ shall not use the personal information outside their intended
purpose. In the event of an uprising of a new use or when disclosing to third
parties, the ‘Mall’ shall
notify the purpose of use and obtain consent from User during the stage of
use disclosure. But, there are exceptions for cases regulated in
the relevant laws and legislations.
⑤ In the event that the ‘Mall’ is required to acquire the approval of User by Clause ② and ③, the ‘Mall’ shall specify its personal information manager (affiliation, name,
phone number, other contact information), purpose of collection and use of
information, information about Third Party (recipient, purpose of provision and
the information to be provided), and the provisions stipulated in Clause ② of Article 22 of the 「Act on Protection of
Information and Promotion of Utilization of Information and Communications
Network」. The User may at any time cancel his/her
⑥ User may, at any time, request for confirmation and
correction of error in their personal information possessed by the ‘Mall,’ and the ‘Mall’ shall be responsible for taking any necessary measures without any
delay. In the event that a User requests for the correction of an error, the ‘Mall’ shall not use the applicable personal
information until error is corrected.
⑦ For protection of personal information, the ‘Mall’ shall limit the number of persons
handling personal information to a minimum, and shall be responsible for any
damages caused by loss, theft, leakage, falsification, and disclosure of
personal information including credit card and bank account information to
third parties without consent of the User.
⑧ The ‘Mall’ or any Third Parties who received personal information from the ‘Mall,’ shall without any delay destroy all
personal information once the purpose of collection has been achieved.
⑨ The ‘Mall’ shall not have the agreement form regarding the collection∙use∙disclosure of personal information set
to be filled out in advance. The ‘Mall’ must specify services that will be restricted if User does not
agree to the collection∙use∙disclosure
of personal information, and the ‘Mall’ shall not limit services or refuse to accept Membership
applications on the basis of User’s refusal to agree to
personal information that do not include the collection of compulsory
Article 18 (Obligations
of the ‘Mall’)
① The ‘Mall’ shall not take any actions against public policy or actions
restricted by the law and this T&C. The ‘Mall’ shall put its best efforts in providing Goods and Services on a
stable basis in accordance with the provisions in this T&C.
② The ‘Mall’ shall be equipped with a security system to protect personal
information of Users (including credit information) and provide a safe
environment for Users to use the online services.
③ In accordance with Article 3 of the Law related to 『Fairness of Display and Advertisement』, the ‘Mall’ shall be responsible to compensate
User(s) if damages were caused by displaying or adding unjust or unreasonable
advertisement for certain Goods and Services
④ The ‘Mall’ shall not send any profit-making emails which are not wanted by
Article 19 (Obligations
for ID & Password of Member)
① Member shall be responsible for the management of his/her ID and
password, except for the case in Article 17.
② Member shall not allow any Third Party to use his/her
ID and password.
③ When a Member recognizes that his/her ID and/or
password is stolen or is being used by a Third Party, the Member shall
immediately notify the ‘Mall’,
and follow the instructions of the ‘Mall.’
Article 20 (Obligations
Users shall avoid the following actions:
1. Register false information at the time application or revision of
2. Use others’ personal information
3. Change information displayed on the ‘Mall’
4. Remit or display information (computer program and others) other than the
information put on by the ‘Mall’
5. Infringe copyright or intellectual property rights of the ‘Mall’ or the Third Party
6. Take any action that harms the reputation and interrupts the operation of
the ‘Mall’ or a Third Party
7. Disclose or display any information containing indecent or violent message,
video, voice, and other information going against good public order and morals.
(Relationship between Linking Mall & Linked Mall)
① In the event that the main mall and the sub-mall are linked with a
hyperlink (ex. the subject of hyperlink includes text, image and video), the
former is called as the Linking Mall (Website) and the latter is called as the
Linked Mall (Website).
② If the Linking Mall specifies and notifies the fact
that it is not responsible for any transaction with the User for any Goods and
Services independently provided by the Linked Mall on the initial page of the
website of the Linking Mall or a pop-up window, then the Linking Mall is not
responsible for such transaction.
Article 22 (Copyright
& Limitation of Use)
① The copyright and other intellectual property rights for the works
produced by the ‘Mall’ shall
belong to the ‘Mall.’
② The User may not use or cause any Third Party to use
information with intellectual property rights belonging to the ‘Mall’ for reproduction, transmission,
publishing, distribution, broadcasting or other profit-making use without prior
consent of the ‘Mall.’
③ The ‘Mall’ shall notify the User when using the copyright belonging to the
applicable User in accordance with mutual T&C.
Article 23 (Resolution
① The ‘Mall’ shall
apply and reflect the opinion or complaint made by User(s), and install and
operate a process for compensation of consumers’
② The ‘Mall’ shall give priority to any opinion or complaint made by User(s).
However, in the event that it may not be able to promptly deal with the matter,
the ‘Mall’ shall notify the
User with the cause and the final settlement schedule.
③ When a User files for Remedy of Damage regarding a
dispute between the ‘Mall’ and
the User, the matter may be commissioned for arbitration by the Fair Trade
Commission or a Dispute Conciliation Services Organization selected by the City
(Jurisdiction & Governing Law)
① All e-commerce related lawsuits between the ‘Mall’ and a User shall be in accordance with
the address of the User at the time of indictment. If an address is
nonexistent, then the lawsuit shall fall under exclusive jurisdiction of the
district court in the vicinity of User’s place of
residence. In the event that the address or residence of the User is not clear
at the time of indictment or if User is a foreign resident, the lawsuit shall
be filed to the competent court on the Civil Procedures Code.
② Any and all e-commerce-related lawsuits between the ‘Mall’ and a User shall be governed by the
law of the Republic of Korea.