Article 1 Purpose
- These Terms of Service (hereinafter the "Terms") set forth the rights, obligations, and responsibilities of the parties with respect to the use of the services (hereinafter the "Services") provided at 'kitpa.org' operated by the Korea Information Technology Promotion Agency (hereinafter the "Agency").
- These Terms shall apply mutatis mutandis to electronic commerce using personal-computer communications, wireless devices, and similar means, insofar as not contrary to their nature.
Article 2 Definitions
- "User" means a member or non-member who accesses the "Site" and receives the services provided by the "Agency" under these Terms.
- "Member" means a person who has provided personal information to the "Agency" and registered as a member, and who is entitled to continued use of the "Agency's" services.
- "Non-member" means a person who uses the services provided by the "Agency" without registering as a member.
- "Product" means goods or services provided through the "Site".
- "Purchaser" means a "Member" or "Non-member" who has applied to use the purchase service for a "Product" provided by the "Agency".
Article 3 Rules Beyond These Terms
- Matters not stipulated in these Terms shall be governed by applicable laws or by the individual terms, operating policies, and rules established by the Agency for the Services (hereinafter the "Detailed Guidelines"). In the event of a conflict between these Terms and the Detailed Guidelines, the Detailed Guidelines shall prevail.
Article 4 Display and Amendment of Terms
- The "Agency" shall post on the initial service screen of the "Agency's" homepage the contents of these Terms, together with the trade name, name of the representative, address of the place of business, telephone number, facsimile number (FAX), email address, business registration number, mail-order business registration number, and the like, so that "Users" may easily identify them. Provided, however, that the contents of these Terms may be made available for "Users" to review via a linked screen.
- The "Agency" shall, before the "User" consents to these Terms, obtain the "User's" confirmation via a separate linked screen or pop-up screen so that the "User" may understand items such as withdrawal of subscription, delivery responsibility, and refund conditions among the matters set forth in these Terms.
- The "Agency" may amend these Terms within the scope not violating the 'Act on the Consumer Protection in Electronic Commerce, Etc.', the 'Act on the Regulation of Terms and Conditions', the 'Framework Act on Electronic Transactions', the 'Act on Promotion of Information and Communications Network Utilization, Etc.', the 'Consumer Protection Act', and other relevant laws (hereinafter the "Relevant Laws").
- When the "Agency" intends to amend these Terms, it shall notify the effective date and reason for the amendment together with the existing Terms on the initial screen of the online shopping mall from seven (7) days before the effective date until the day before the effective date. Provided, however, that in the case of an amendment unfavorable to "Users", it shall be notified with a grace period of at least thirty (30) days.
- Where the "Agency" has amended these Terms, the amended Terms shall apply only to contracts concluded on or after the effective date, and the Terms in force before amendment shall apply to contracts concluded before the effective date. Provided, however, that where a "User" who has already concluded a contract expresses to the "Agency" the intent to be subject to the amended Terms, and the "Agency" consents thereto, the amended Terms shall apply.
- Matters not stipulated in these Terms and the interpretation of these Terms shall be governed by the Relevant Laws and sound commercial practice.
Article 5 Services Provided
- The "Agency" provides the following services.
- Provision of information on goods or services and conclusion of purchase contracts
- Delivery of goods or services for which a purchase contract has been concluded
- Provision of other information such as escrow services, user inquiry services, and product reviews
- Events provided directly or jointly with partners
- Other business as determined by the "Agency"
Article 6 Suspension of Services, Etc.
- As a rule, the services provided by the "Agency" are provided year-round, twenty-four (24) hours a day. Provided, however, that where there is a special reason such as inspection for maintenance of the "Agency's" system or replacement of communication equipment, a temporary suspension of provision may occur for all or part of the services.
- The "Agency" may restrict or suspend all or part of the services where an unavoidable reason arises, such as war, incident, natural disaster, or a national emergency equivalent thereto, or where a key telecommunications service provider under the Telecommunications Business Act suspends telecommunications services.
- Where goods or services are sold out or their details are changed, the "Agency" may change the contents of the goods or services to be provided under contracts to be concluded thereafter. In such case, it shall immediately notify the details of the changed goods or services and the date of provision.
- Where the "Agency" suspends services or restricts use, it shall notify the "User" without delay of the reason, period, and estimated date and time of restoration.
Article 7 Membership Registration
- A "User" applies for membership registration by entering member information in the form prescribed by the "Agency" and expressing intent to consent to these Terms.
- The "Agency" shall register as a "Member" any "User" who has applied for membership registration under the preceding paragraph, unless any of the following applies.
- Where the applicant has previously lost membership qualification under these Terms. Provided, however, that this shall not apply where re-registration has been approved by the "Agency".
- Where the member information contains false statements, omissions, mistakes, or is otherwise incomplete
- Where registration as a member is otherwise deemed to significantly interfere with the operation of the "Agency"
- The time of membership registration shall be the time at which the "Agency's" notice of registration approval reaches the "Member".
Article 8 Withdrawal, Loss of Qualification, Etc.
- A "Member" may request withdrawal from the "Agency" at any time, and the "Agency" shall process the withdrawal request without delay. Provided, however, that where it is necessary to perform a transaction contract that has already been concluded, these Terms shall continue to apply.
- The "Agency" may restrict or suspend the "Member's" qualification where any of the following occurs.
- Where false information is entered upon membership registration
- Where the normal use of other users is obstructed
- Where an act prohibited by Relevant Laws or these Terms is performed
- Where an act contrary to public order and good morals is performed
- Where it is otherwise deemed inappropriate to be registered as a "Member"
Article 9 Notice to Members
- The "Agency" may give notice to a "Member" using the email address, mobile phone number, address, and the like entered at the time of membership registration.
- Where the "Agency" intends to give notice to unspecified multiple "Members", it may substitute individual notice by posting on the bulletin board of the "Site" for at least one (1) week. Provided, however, that with respect to matters of importance to the "Member" in using the services, individual notice shall be given.
Article 10 Application for Purchase
- A "User" may apply for purchase on the online shopping mall in the following manner or a similar manner, and the "Agency" shall, for the "User", provide the matters in each of the following items in an easily understandable manner.
- Search for and selection of goods or services
- Entry of purchaser information such as name, address, contact number, and email address
- Confirmation and expression of consent regarding the contents of the Terms, services for which withdrawal of subscription is restricted, and matters relating to cost burdens such as delivery fees
- Application for and confirmation of purchase of goods, services, etc.
- Selection of payment method and payment
- Final confirmation by the "Agency"
Article 11 Formation of Contract
- The "Agency" may refuse to accept an application for purchase under the "Application for Purchase" provision of these Terms where any of the following applies.
- Where the application contains false statements, omissions, or mistakes
- Where a customer whose membership qualification is restricted or suspended applies for purchase
- Where it is deemed that the application is for resale or otherwise made by unjust means or for unjust purposes
- Where accepting the application for purchase is otherwise deemed to cause significant technical difficulty to the "Agency"
- The contract shall be deemed formed at the time the "Agency's" acceptance reaches the User in the form of a "Receipt Confirmation Notice" under these Terms.
- Where the "Agency" expresses acceptance, information regarding confirmation of the User's purchase application, availability for sale, and correction and cancellation of the purchase application shall be included.
Article 12 Payment Methods and Usage Fees for General Members
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Payment for products purchased at the "Agency's" "Site" may be made by any of the following methods.
- Various account transfers such as phone banking and internet banking
- Payment by various cards such as prepaid cards, debit cards, and credit cards
- Payment using ARS, mobile phones, and the like
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The "Agency" may verify whether the "Purchaser" has legitimate authority to use the payment method, and may suspend the transaction until such verification is complete or cancel any transaction that cannot be verified.
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According to the "Agency's" policies and the standards of payment providers (mobile carriers, card companies, etc.) or payment-processing companies (PGs), the "Agency" may verify monthly cumulative payment amounts per user, charging limits, and whether legitimate authority to use the payment method is held; until such verification is complete, the "Agency" may suspend the transaction, and it may cancel any transaction that cannot be verified.
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According to the "Agency's" policies and the standards of payment providers (mobile carriers, card companies, etc.) or payment-processing companies (PGs), monthly cumulative payment amounts per "Purchaser" and charging limits may be restricted.
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Responsibility for information entered for the purpose of payment or settlement of prices lies entirely with the "Purchaser".
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General members shall pay service usage fees to the company as consideration for use of the services, in the form of commissions, membership fees, and the like, at the time of purchase of each product or otherwise according to the rates or standards separately determined by the Agency.
Article 13 Receipt Confirmation Notice, Change and Cancellation of Purchase Application
- Where a "Purchaser" has applied for purchase, the "Agency" shall give the "Purchaser" a receipt confirmation notice.
- Where a "Purchaser" who has received a receipt confirmation notice finds a discrepancy in the expression of intent, the "Purchaser" may, immediately after receiving the receipt confirmation notice, request a change or cancellation of the details of the purchase application, and where the "Purchaser" so requests before preparation for delivery, the "Agency" shall process the change or cancellation without delay in accordance with such request. Provided, however, that where payment has already been made, the matter shall be governed by the "Withdrawal of Subscription, Etc." provisions of these Terms.
Article 14 Supply of Goods, Etc.
- Unless otherwise agreed, the "Agency" shall take necessary measures such as custom production and packaging so that the goods, etc. can be delivered within seven (7) days from the date on which the "Purchaser" made the offer. Provided, however, that where the "Agency" has already received all or part of the payment, it shall take necessary measures within three (3) business days from the date on which the payment was received.
- In the case of the preceding paragraph, the "Agency" shall take appropriate measures so that the "Purchaser" may check the supply procedure and progress of the products, etc.
Article 15 Refund
- Where a "Product" applied for by a "Purchaser" cannot be delivered or provided due to reasons such as being sold out or discontinued, the "Agency" shall notify the "Purchaser" of such reason without delay. In such case, where the "Purchaser" has paid for the goods, etc., the "Agency" shall refund the payment within three (3) business days from the date on which the payment was received, or take measures necessary therefor.
Article 16 Withdrawal of Subscription
- A "Purchaser" who has concluded a contract for the purchase of goods, etc. with the "Agency" may withdraw the subscription within seven (7) days from the date of receipt of the receipt confirmation notice.
- Return or exchange of delivered goods shall be restricted where any of the following applies.
- Where goods, etc. have been lost or damaged for reasons attributable to the "Purchaser" (however, cases where packaging, etc. was damaged to inspect the goods shall be excepted)
- Where the value of the goods has significantly decreased due to use or consumption by the "Purchaser"
- Where the value of the goods has significantly decreased due to the passage of time to the extent that resale is difficult
- Where, in the case of goods that can be reproduced with goods of equivalent performance, the packaging of the original goods has been damaged
- Where the goods were individually produced upon order of the "Purchaser" and prior notice was given regarding restrictions on withdrawal of subscription and exchange
- Where the "Agency" has not clearly indicated the reasons for restriction on withdrawal of subscription under the preceding paragraph in a manner easily understandable to the "Purchaser", or has not taken measures such as providing sample goods, the "Purchaser's" withdrawal of subscription shall not be restricted.
- Notwithstanding the provisions of this Article, where the contents of the goods, etc. differ from the display or advertisement, or have been performed differently from the contract, the "Purchaser" may withdraw the subscription, etc. within three (3) months from the date of receipt of such goods, or within thirty (30) days from the date on which the fact was known or could have been known.
Article 17 Effect of Withdrawal of Subscription
- The "Agency" shall, upon receiving the goods, etc. returned from the "Purchaser", refund the price of the goods, etc. already paid within three (3) business days. In such case, where the "Agency" delays refund of the goods, etc. to the "Purchaser", the "Agency" shall pay delay interest calculated by multiplying the delay period by the interest rate prescribed in Article 21-3 of the Enforcement Decree of the Act on Electronic Commerce (15% per annum).
- Where the "Purchaser" has used a payment method such as credit card or electronic money, the "Agency" shall, in refunding such goods, request the business that provided such payment method to suspend or cancel the request for payment of the goods, etc. without delay.
- In the case of withdrawal of subscription, the costs necessary for the return of the supplied goods, etc. shall be borne by the "Purchaser". Provided, however, that where withdrawal of subscription is due to the contents of the goods, etc. differing from the display or advertisement, or being performed differently from the contract, the costs necessary for the return of the goods, etc. shall be borne by the "Agency".
- The "Agency" shall clearly indicate, in a manner easily understandable to the "Purchaser", who bears various expenses such as delivery costs upon withdrawal of subscription.
Article 18 Protection of Personal Information
- The "Agency" collects only the minimum information necessary for performance of the purchase contract, including the following essential items, when collecting information from the "Purchaser".
- Name
- Resident registration number or alien registration number
- Address
- Telephone number (or mobile phone number)
- ID
- Password
- Email address
- When the "Agency" collects unique identification information or sensitive information under the Personal Information Protection Act, the "Agency" shall obtain the data subject's consent without fail.
- The "Agency" may not use the personal information provided for purposes other than the intended purpose or provide it to third parties without the consent of the "Purchaser", and the "Agency" shall bear all responsibility therefor. Provided, however, that the following cases shall be excepted.
- Where the minimum information necessary for delivery (name, address, telephone number) is provided to the delivery company for delivery purposes
- Where necessary for statistical compilation, academic research, or market research, and provided in a form that does not identify any specific individual
- Where necessary for settlement of payment arising from the transaction of goods, etc.
- Where identity verification is necessary to prevent misappropriation
- Where required by the provisions of Relevant Laws
- Matters concerning the protection of personal information other than those set forth in these Terms shall be governed by the "Agency's" "Privacy Policy".
Article 19 Obligations of the "Agency"
- The "Agency" shall not perform any act prohibited by the Relevant Laws or these Terms, or contrary to public order and good morals, and shall do its best to continuously and stably provide goods and services in accordance with the Terms.
- The "Agency" shall establish a security system for the protection of personal information (including credit information) so that "Users" may use internet services safely.
- Where the "Agency" has caused damage to a "User" by engaging in unfair display or advertising acts under Article 3 of the "Act on Fair Labeling and Advertising" with respect to a product, the "Agency" shall be liable to compensate for such damage.
- The "Agency" shall not send commercial email, mobile phone messages, telephone calls, mail, and the like for commercial purposes without the consent of the "User" to receive them.
Article 20 Obligations of Users and Members
- A "User" shall complete the application form based on facts when applying for membership registration. Where false information or information of another person is registered, the "User" may not claim any rights against the "Agency", and the "Agency" shall not bear any responsibility for damages arising therefrom.
- A "User" shall comply with the matters stipulated in these Terms and other regulations and notices established by the "Agency". A "User" shall also not perform acts that interfere with the business of the "Agency" or damage the reputation of the "Agency".
- Where member information such as address, contact number, or email address has changed, the "User" shall promptly correct such information. Responsibility arising from failure to correct or from neglecting to correct the changed information shall be borne by the "User".
- A "User" shall not perform any of the following acts.
- Alteration of information posted by the "Agency"
- Transmission or posting of information other than that determined by the "Agency"
- Infringement of intellectual property rights, including copyrights, of the "Agency" or of third parties
- Acts that damage the reputation of the "Agency" or third parties, or interfere with their business
- Acts of publicly disclosing or posting on the "Agency's" "Site" obscene or violent messages, images, sounds, or other information contrary to Relevant Laws and public order and good morals
- A "Member" shall directly manage the assigned ID and password.
- Where a "Member" becomes aware that his or her ID and password have been stolen or are being used by a third party, the "Member" shall immediately notify the "Agency" and follow the guidance.
Article 21 Ownership and Use of Copyrights
- The services provided by the "Agency" and all intellectual property rights related thereto belong to the "Agency".
- A "User" may not, without prior consent, use for commercial purposes information for which the "Agency" holds intellectual property rights, by means of reproduction, transmission, publication, distribution, broadcasting, or other means, or allow a third party to do so.
- The copyright of content such as postings and reviews posted by a "User" within the services (hereinafter "Content") belongs to the author of the relevant "Content".
- Notwithstanding the provisions of the preceding paragraph, the "Agency" may use the works registered by a "User" as follows, without separate permission and free of charge, within the scope consistent with copyright law and fair trade practices, for the purposes of operation, exhibition, transmission, distribution, and promotion of the services.
- Use for the creation of derivative works or compilations within the scope not infringing copyright, such as reproduction, modification, exhibition, transmission, and distribution of "Content" created by the "User" within the services provided by the "Agency". Provided, however, that where the "User" requests deletion or discontinuation of use of the relevant "Content", the relevant "Content" shall all be deleted or discontinued, except for matters that must be preserved under relevant laws.
- Use within the scope of operation, promotion, service improvement, and development of new services
- Use such as providing and exhibiting "Content" for promotional purposes through media, news agencies, and the like
Article 22 Resolution of Disputes
- The "Agency" shall endeavor to process complaints and opinions raised by "Users" without delay. Provided, however, that where prompt processing is difficult, the "Agency" shall immediately notify the "User" of the reason and the processing schedule.
- Where a dispute concerning electronic commerce arises between the "Agency" and a "User", the "User" may apply for mediation to a dispute mediation body such as the Korea Consumer Agency or the Electronic Document·Electronic Transaction Dispute Mediation Committee.
- Any lawsuit concerning disputes arising between the "Agency" and a "User" shall be under the jurisdiction of the court having jurisdiction over the location of the "Agency" as the court of first instance, and the governing law shall be the laws of the Republic of Korea.
Addendum Article 1 Effective Date
These Terms shall apply from June 24, 2024.