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Terms and Conditions for Art Terms


Chapter 1 Art Terms Service



Article 1 (Purpose)

This Terms and Conditions (the “Agreement”) aims to set forth rights, obligations and responsibilities of the Art Terms Co., Ltd. (the “Company”) and its members and other necessary matters in connection with the internet-based services and the related payment services provided by the Company.

※ 「This Agreement shall apply mutatis mutandis to e-commerce where PC and wireless communications are utilized unless it is against the nature hereof.」



Article 2 (Definitions)

  1. The following terms shall have the following meaning in the Agreement.
    1. “Art Terms Service” shall refer to general terms including Art Terms paid services or online sales, online sales brokerage service, billing protection service and/or payment service provided by the Company to facilitate the transaction and payment of the users who purchase the products with their Art Terms IDs.
    2. “Member(s)” shall refer to following persons, and a member who sells products shall be referred to “Seller-member(s)”.
      1. User-member: A person who uses the Art Terms service provided by the Company by entering into the service use agreement with the Company in accordance with the Article 6 hereof.
      2. Seller-member: A person who sells products on the Art Terms website while using the Art Terms service by entering into the service use agreement with the Company in accordance with the Terms and Conditions for Art Terms Sales Service.
    3. “Art Terms Paid Service” shall refer to various online digital contents and other services provided by Art Terms which are available with charge through Art Terms service.
    4. “Art Terms Place of Usage” shall refer to a place where payment of products and accumulation of loyalty points are available through Art Terms service.
    5. “Recipient” shall refer to an actual recipient of the products and can be the same or different person with the User-member.
  2. Any terms not defined herein shall have the meanings given in the instruction on a webpage of Art Terms service and related laws and regulations, and the rest shall be in accordance with the general commercial practice.



Article 3 (Stipulation and Amendment)


  1. The Company shall post the provisions of the Agreement on the screen of Art Terms Service or on a separately connected screen, or present them on a pop-up screen for the User-member’s better understanding.
  2. The Company may amend the Agreement within the scope not violating the related laws including ‘Act on the Consumer Protection in Electronic Commerce, etc.’, ‘Act on the Regulation of Terms and Conditions’, ‘Framework Act on Electronic Documents and Transactions’, ‘ Electronic Financial Transaction Act’, ‘Digital Signature Act’, ‘Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.’, ‘Act on Door-to-Door Sales, etc.’, and/or ‘Framework Act on Consumers’.
  3. When amending the Agreement, the Company shall announce the amended terms and conditions in accordance with the methods described in the paragraph 1 while specifying the effective date and reasons of amendment, seven (7) days prior to such effective date; provided, however, that in case of any amendment unfavorable to the User-member, the announcement shall be made thirty (30) days prior to the effective date, and further notification shall be made through electronic means such as emails of the users for a certain period.
  4. In the event where the User-member does not explicitly express his/her intention of disapproval despite a clear notification from the Company in accordance with the preceding paragraph stating that the User-member’s intention not expressed for thirty (30) days period shall be deemed to have been expressed, it shall be deemed that the User-member has approved the amended terms and conditions. 
  5. In the event where any User-member does not approve the provisions of the amended terms and conditions, the Company shall not apply the provisions of the amended terms and conditions to such User-member, and in such a case the User-member may terminate the service use agreement; provided, however, that if there is any particular reason not to apply the original terms and conditions to the User-member who does not approve the amended terms and conditions, the Company may terminate the service use agreement with such User-member. 


Article 4 (Regulations Other Than Terms and Conditions)

  1. The Company may set forth a separate agreement or usage policy for any specific service to be applied if necessary, and the related details shall be notified on the website.
  2. Any matter not stipulated herein shall be in accordance with the related laws including Guidelines for Consumer Protection in Electronic Commerce, etc., Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and Electronic Financial Transactions Act, and a separate agreement and usage policy.
  3. The member shall at all times monitor for any change of the provisions of a separate agreement or usage policy and check if any notification is made on such changes.



Article 5 (No Representation and Warranty)


  1. The Company only operates, manages and provides the system for convenient transactions between the User-member and the Seller-member and does not represent either side. Further, any responsibility established in connection with the products transactions between the Seller-member and the User-member or in connection with any information provided by either side shall be directly borne by such Seller-member and the User-member.
  2. With regard to the products transaction between the Seller-member and the User-member through Art Terms service, the Company does not make any warranty of any kind with respect to the existence and credibility of sales or purchase intention, products quality, integrity, legality and non-infringement, and authenticity or legitimacy of any data entered by the User-member or Seller-member and the material posted on the linked URLs by using such data. Any and all risks arising out of these shall be entirely borne by the Seller-member or the User-member.
  3. The Company does not directly sell or purchase the products in the transactions between the Seller-member and the User-member, but only develops and provides tools to ease such transactions.


Article 6 (Conclusion of Art Terms Service Use Agreement)


  1. The Art Terms service use agreement shall be executed at a point when a sign-up completion mark appears on the application process if a person intended to become the User-member (the “Applicant”) truthfully fills in the items required by the Company and submits the application with a consent to this Agreement, and the Company accepts such application
  2. The Company shall in principle accept the membership application pursuant to the preceding paragraph; provided, however that any of the following sub-paragraphs may lead to disapproval or ex post facto termination of the service use agreement:
    1. When the Applicant is not a member of Art Terms service (the “Art Terms”) provided by the Company;
    2. When the Applicant signs up in excess of three (3) verified Art Terms IDs;
    3. When the Applicant has ever been disqualified for membership or given termination of the service use agreement in the past time for any breach of this Agreement;
    4. When the Applicant does not use his/her real name or uses another’s name;
    5. When the Applicant posts false information or does not write down or otherwise makes typos on any content required by the Company;
    6. When a minor under the age of 19 applies for membership without the consent of his/her legal representative or applies under the business or corporate name;
    7. When any member who was put into suspension temporarily terminates the service agreement during the period of suspension and re-applies for membership;
    8. When the approval cannot be made due to reasons attributable to the Applicant or the Applicant applies in breach of general terms and conditions set forth by the Company; or
    9. When the application is confirmed to be in breach of this Agreement or unjust.
  3. In the process of application pursuant to the paragraph 1, the Company may request a real name authentication and personal verification through a specialized agency.
  4. The Company may defer approval in the event where the Company is short of service-related installation, or there is any technical or business issues.
  5. In the event where the Company does not approve the sign-up application or defers the approval in accordance with the paragraphs 2 and 4, the Company shall in principle make notification to the Applicant unless there are specific reasons for not doing so.



Article 7 (Termination)


  1. The User-member may at any time request to terminate the service use agreement and the Company shall promptly deal with such request as prescribed by the related laws and regulations.
  2. Upon termination of the service use agreement by the User-member, the Company shall immediately delete any and all data unless the Company retains the member’s data according to the related laws and privacy policy.
  3. Responsibilities for any disadvantage arising out of or in connection with the termination shall be borne at the User-member’s own expense, and the Company may recollect various free benefits additionally provided for the User-member upon the termination of the service use agreement. 
  4. The Company may terminate the service use agreement in case any of the following causes occurs or is confirmed by the Company.
    1. When the User-member does or tries to do an act of disturbing a smooth operation of Art Terms service;
    2. When the User-member intentionally interrupts the Company’s conduct of business;
    3. When the User-member violates other members’ rights or reputation, credibility and other legitimate profits, or does an act contrary to laws and regulations of the republic of Korea, morality or other social orders;  
    4. When the User-member committed any act in breach of this Agreement;
    5. When the User-member obtains or uses Art Terms royalty points or coupons through any method unauthorized by the Company or by fraudulently using the other’s IDs;
    6. When a member is deemed to have maliciously incurred Art Terms minus (-) points;
    7. When a member is confirmed to have the grounds of disapproval as prescribed in the Article; and
    8. When the Company acknowledges the necessity to reject the provision of the service based on its reasonable judgment.
  5. In case of termination, the Company shall notify the User-member of the intention of termination through email, etc. In such a case, the Company grants an opportunity for the User-member to raise an objection for a substantial period of time before the termination; provided, however, that if there are any other specific reasons stipulated herein and operation policy, such period of objection may not be granted.
  6. Despite the termination of the service use agreement by the Company, for any conclusion of the products transaction agreement entered into by the User-member and the Seller-member prior to the termination of the service use agreement, this Agreement shall continue to apply; provided, however that in case of termination of the service use agreement due to the grounds falling under the this Article 7(4)-subparagraph 5, the Company shall not bear any responsibility of recollecting the Art Terms royalty points or coupons used in such transaction, and the User-member shall bear the cost equivalent to the related points and coupons.
  7. If the service use agreement is terminated by the Company, the Company may reject the approval for any application of such User-member for rejoining the website.
  8. For any damages arising out of termination of the service use agreement, the User-member having grounds for termination shall bear the responsibilities, and the Company shall not bear any responsibility unless otherwise stipulated in the related laws and regulations.

 


Article 8 (Obligations of the Company)


  1. The Company provides online platforms for the transactions between Seller-member and general members.
  2. The Company shall not commit an act which is prohibited by the related laws and this Agreement or is against public morals and shall endeavor to continuously and stably provide the Art Terms service.
  3. The Company is equipped with security systems for personal data protection (including credit information) to make sure all members can safely utilize the Art Terms service, and notifies and complies with the privacy policy.
  4. The Company shall handle any opinion or complaint raised by the User-member in connection with the use of the service if such opinion or complaint is recognized justified. For the opinions or complaints given by the User-member, arranging process and the result thereof shall be delivered to the User-members through bulletin board or email, etc.



Article 9 (Obligations of the User-member)


  1. The User-member shall purchase products after checking the details and terms of transaction. Any damage or loss incurred in connection with the purchase without the User-member’s confirming the details of products and terms of transaction shall be borne by the User-member at his/her own expenses.
  2. The User-member shall comply with this Agreement and the notification appearing on the Art Terms service screen and shall bear any and all responsibilities for damages or losses incurred from violating or not fulfilling this Agreement and such notification.
  3. The User-member shall purchase the products at his/her own responsibility, and the Company does not make any warranty or bear any responsibility for the details of the Seller-member’ products and conditions of transaction.
  4. In occurrence of any reason for cancellation of the purchased products, the User-member shall not temporarily use the delivered products or leave them to be damaged. For any damage due to the User-member’ temporary usage or poor storage of the withdrawn products, the User-member shall bear reasonable expenses incurred from such damage on the products.
  5. When any dispute arises in the process of purchasing the products, the User-member and Seller-member shall exert full effort to resolve in faith, and the User-member shall bear any and all losses and damages incurred by the Seller-member and the Company due to insincerity in dispute resolution.
  6. The User-member shall make payment in his/her own name when purchasing the products and shall not be allowed to temporarily use others’ payment method. Any and all damages and losses incurred by the Company, legitimate holder of the payment method, electronic payment agency or the Seller-member of the brokerage services from the act of temporarily using the others’ payment methods shall be borne by the User-member.
  7. Any liabilities or disadvantages which occur in connection with the data entered by the User-member for payment shall be fully borne by the User-member.
  8. The User-member shall use the payment method with legitimate and legal permissions, and the Company may check on this. The Company may also put the dealing process on hold or cancel the transaction until the legality of the User-member’s payment method, etc. is completely confirmed.
  9. The User-member shall cooperate with the Company for the Company to safely provide the Art Terms service, and in the event where the Company detects any infringement hereof and requests to provide explanations for such infringement, the User-member shall fully accept the request from the Company.
  10. Despite in cases where the Company posts information provided from an affiliation for the convenience of the Art Terms service or provides some information or contents for reference on the Art Terms website or link in a way that a third party provides such information, the User-member shall at his/her own discretion and responsibility decide to purchase the products, and the Company shall not be responsible for the User-member’s purchase decision under any circumstance.
  11. The User-member shall use the Art Terms royalty points or coupons in accordance with the methods specified and accepted by the Company.
  12. In the event where a minor purchases any products using the Art Terms service, the purchase agreement thereof shall be valid when his/her legal representative consents to the agreement. The Company shall notify before executing the agreement that the minor or his/her legal representative may cancel the agreement if ratification is not obtained after signing of the agreement. Other details in relation to the transaction of a minor shall be in accordance with the related laws and regulations.
  13. Total purchase price may be different from the actual posted price of works. The total price includes (i) purchase price of the sold works; and (ii) tax charged on the User-member.



Article 10 (Obligations of the Seller-member)


  1. Terms and Conditions for Sales Service of the Company can be checked on the Company’s website or on a screen linked on the Art Terms service.



Article 11 (Prohibited Acts of the User-member)


  1. The Company prohibits the following acts in order to promote the credibility of the Art Terms service and ensure safe transactions:
    1. To use the Art Terms service or access its system through illicit means while not using the normal method of using the service provided by the Company;
    2. To use the Art Terms service by stealing others’ name, card information and account information, etc.
    3. To make illicit payment which is legally prohibited by the laws and regulations including Specialized Credit Finance Business Act such as to obtain capitals under disguise of the products transaction;
    4. To obtain or use the Art Terms royalty points or coupons in an abnormal way not stipulated by the Company;
    5. To make unauthorized changes to the information posted by the Company or to transmit or upload any information other than the one specified by the Company (such as computer program);
    6. To infringe any intellectual property right including a copyright of the Company or other third parties;
    7. To damage reputation of the Company or other third parties or disturb their business;
    8. To disclose or upload any obscene and violent messages, videos, audios, and other data against good public order and morals;
    9. To repeatedly purchase products without actual intent of purchase;
    10. To make an order while pretending as if the actual purchase would be made through the Art Terms service for the purpose of unfairly secure the Art Terms royalty points for any purpose made off-line or on other websites; and
    11. To do other illegal and unjust acts.
  2. The Company may restrict any User-member who does the prohibited behaviors in this Article from using the Art Terms service, and any and all responsibilities occurring in connection with such an act shall be borne at the expense of the User-member. The Company may notify related government institutions or judicial authorities of any prohibited behaviors conducted by the User-member, if necessary.



Article 12 (Limit of Use of the Art Terms Service)


  1. The Company may suspend or terminate the service use agreement of the User-member in any of the following cases in pursuit of the stability and credibility of transactions through the Art Terms service.
    1. When an act falls under the prohibited behavior in Article 10 hereof;
    2. When a membership is suspended or a member becomes disqualified;
    3. When a member violates regulations hereof or usage policy stipulated in separate pages;
  2. Any User-member who is banned from using the Art Terms service may not use the service for a certain period, nor may use the pre-accumulated Art Terms royalty points and coupons, etc. Detailed standards, etc. on the limit of use shall be further set forth in the operation policy.
  3. The Company may lift a ban of use in the paragraph 1 in cases where the User-member meets a standard determined by the Company such as by offering reasonable grounds or explaining that the counter party to the transaction has already given a consent.



Article 13 (Personal Information)


  1. The Company carries out a privacy policy for the protection of the User-member’s personal information so that the User-member can safely use the Art Terms service. Accordingly the Company is obliged to protect the personal information of the User-member. The Company’s privacy policy can be checked on the Company’s website or on the screen linked to the Art Terms service.
  2. In the event where any order and payment are made through the Art Terms service, the Company may provide the relevant information to the parties to transactions within the required extent for the purpose of performing the transaction such as for smooth communications, delivery and consultation.



Article 14 (Delivery)


  1. Period of delivery refers to a period from the date when payment is confirmed as an initial date to the date when the delivery is completed. In case of statutory holidays and other days-off or any force majeure events such as natural disaster, that specific period shall be excluded from the period of delivery.
  2. Any dispute among the Seller-member, User-member, shipping company, and/or financial institutions, arising out of or in connection with the delivery service shall be in principle mutually settled, and the Company shall not be involved therein nor bear any responsibility therefrom.



Article 15 (Return/Exchange/Refund/Cancellation)


  1. The User-member may cancel a purchase until the Seller-member confirms an order for the purchased products. If a product is on way of delivery, it shall be processed according to a returning procedures not a cancellation one.
  2. Even after the payment for products is completed by the User-member, the request for cancellation submitted before the Seller-member’s confirmation of orders shall be immediately processed unless there exist any other special circumstances.
  3. Cost for return shall be generally borne by a party attributable to such return. That is, in case of the User-member’s simple change of mind, the User-member shall bear the cost of return, and in case of a return due to defects in products, the Seller-member shall bear the cost of return.
  4. Notice unclearly given to the Seller-member by the User-member on the cause of return may lead to delay in the process of return and/or refund. 
  5. In the event where the User-member should bear the cost of return, no additional payment for the cost of return may lead to the delay in the process of refund.
  6. Despite the request of exchange for the products from the User-member, the exchange may not be made if the products to be exchanged are out of stock; in such a case, the request of exchange may be transferred to a return of products.
  7. Refund shall be given with the same method of the payment (Art Terms royalty points, cancellation of credit card payment, etc.) within three (3) business days from the date when the Seller-member receives a product without any defect.
  8. In the event where refund through the same credit card used for the payment is not permitted due to a lapse of certain periods by the policy of electronic payment service provider, electronic payment agency or brokerage service provider, the refund will be made with the adjusted amount equivalent to the refund.
  9. The User-member may not request refund or exchange of the products in the event of the following cases:
    1. If a product is destroyed or damaged due to reasons attributable to the User-member;
    2. If the User-member has used the product or the value of the product has significantly decreased by partial consumption;
    3. If the value of the product has significantly decreased by lapse of time to the extent it cannot be re-sold
    4. If duplicable package of the product has been damaged;
    5. If any significant and irrevocable damage is expected on the Seller-member in case the refund or exchange is acknowledged; or
    6. If the User-member wants to get a refund only with his/her change of mind;
  10. In the event where an order cannot be normally finalized until specific time, the Company may at its own discretion finalize the purchase or cancel the order and refund for the finalization of the dealing relationship unless the aforementioned is explicitly contrary to the intent of the User-member, and the relevant details shall be notified to the User-member fifteen (15) days prior to such measurement; provided, however, that the User-member may raise an objection thereto if he/she does not want such measurement

 



Article 16 (Password)


  1. The Company may omit the validation process including the Art Terms password depending on the purchase history of the User-member and the standards set forth by the Company, or may request an additional validation other than the Art Terms password.
  2. Any and all responsibilities for the management of the Art Terms password are borne by the User-member him/herself. The User-member shall not lend or assign his/her own password to a third party nor shall do any other acts similar thereto, and the User-member shall bear all responsibilities arising out of not having managed the password carefully.
  3. The User-member shall immediately change the password when recognizing that his/her own password has been fraudulently used and shall notify the Company of such fact.  



Article 17 (Royalty Points)


  1. The Company may give Art Terms royalty points for the User-member for free in accordance with the policy of the Company if the User-member uses the Art Terms service such as by purchasing the products and participating in the promotional events.
  2. The User-member may use the Art Terms royalty points separately or along with other payment methods in transactions with the Seller-member through the Art Terms service.
  3. Detailed information with regard to the granting and using of the Art Terms royalty points shall be in accordance with the Company’s policy, and the Company shall instruct such information through relevant links on the service page for the User-member.
  4. The royalty points becomes extinguished in any of the following events:
    1. When extinctive prescription of the points has lapsed.
    2. Existing free points in the event of termination of the service use agreement.
  5. The User-member may use the Art Terms royalty points only for his/her own transactions and shall not sell or transfer the points, or conduct any act which can be possibly deemed as same as the sales or transfer of the points.
  6. In the case where the User-member unfairly or illegally obtained the Art Terms royalty points, the User-member shall not use the points, and the Company may collect these.
  7. Any Art Terms points provided free of charge by the Company through product purchases or promotional events shall only be used within certain period determined by the Company.
  8. The Art Terms point accumulated through the purchase may be collected by the Company in the case of cancellation of such purchase.
  9. The extinctive prescription of the Art Terms points is ten (10) years from the most recent accumulation, date when recharged or date when used.




Article 18 (Coupons)


  1. When the User-member purchases a product through the Art Terms service, the Company may grant a coupon by which the User-member can get a discount by a certain amount or a certain ratio in accordance with the Company’s policy.
  2. The Company may set a limit on the use of coupons according to the Seller-member, product items, and the dealing amount.
  3. Detailed matter pertaining to the grant and use of coupons shall be in accordance with the Company’s policy, and the Company instructs these to the User-member through its service pages.
  4. The User-member may only use the coupons within a certain period specified in the coupons.
  5. The User-member may use the coupons only for his/her own transactions and shall not sell or transfer them, or conduct any act which can be possibly deemed as same as the sales or transfer of the coupons.
  6. In the case where the User-member unfairly or illegally obtained the coupons, the User-member shall not use the points, and the Company may collect these.




Article 19 (Copyright Policy)


  1. In using the Art Terms service, the Company shall establish a policy for the protection of copyrights of the holder, and the User-member shall abide by the copyright policy of the Company.
  2. Any copyright of the various posts uploaded by the User-member while using the Art Terms service shall be vested in the User-member who actually wrote them; in case where such posts infringe the other’s copyright, the responsibilities therefor shall be borne by the User-member
  3. The post uploaded by the User-member shall be exposed to public for a certain period of time according to the Company’s policy and may be deleted after such period.
  4. Any and all copyrights and other intellectual property rights on the copyrighted works made by the Company shall be vested in the Company.
  5. When the User-member duplicates, transmits, publishes, distributes, broadcasts, uses by other means or causes a third party to use the information obtained while using the Art Terms service, the responsibility therefor shall be borne by the User-member.
  6. In the event of any infringement on the copyright of the User-member within the Art Terms service, the User-member may report and request any necessary measurement, and the Company shall take a necessary action according to the relevant laws.
  7. The Company may delete the posts without a prior notice; set a limit on the use of a specific service against the person who uploaded the post within the Art Terms service; and terminate the service use agreement If the uploaded posts:
    1. contains any content in breach of the laws of the republic of Korea;
    2. violates the right or honor, credibility and other legitimate profits of others;
    3. contains malicious codes or data that may cause malfunction of the information technology devices;
    4. goes against the public order or social morals; and
    5. is deemed to interfere smooth progress of the service provided by the Company.



Article 20 (Membership Grade) 


  1. Membership grade and the benefits therefrom shall be granted by the standards determined by the operation policy of the Company, and detailed list will be posted on the screen for such service or notified on the Art Terms service pages.



Article 21 (Direct Overseas Delivery)


  1. When the User-member purchase a product subject to the direct overseas delivery, the purchase may be withdrawn until the product is sent out by nature of the overseas delivery. If the product has been already sent out, the request for withdrawal may be rejected.
  2. In the event of exchange/return due to defects in a product, the User-member shall request an exchange/return by providing the evidential materials for such reasons within one (1) week from the completion of delivery.
  3. If an exchange/return is due to a simple change of mind or any reason attributable to the User-member, two-way delivery fees shall be covered by the User-member.
  4. Price of the product subject to direct overseas delivery may include customs duties, and the product not including the customs duties may additionally incur further customs duties according to the products type. The process of import declaration and payment of customs duties will be notified from Korea Customs Service.
  5. If requested by Korea Customs Service to provide the User-member’s transaction details and personal information for the aforesaid import declaration and payment of customs duties, the Company may provide such information to Korea Customs Service.
  6. Unless otherwise stipulated in this Article, the terms and conditions of this Agreement shall apply in the same manner for the purchase of the product subject to overseas delivery.


 

Article 22 (Consumer Complaints and Dispute Resolution)


  1. The Company shall not be involved in the products transaction between the User-member and the Seller-member nor shall bear any responsibility for such transaction; provided, however, that in the event of any complaints or disputes either between the User-member and Seller-member or the User-member and a third party, the Company may mediate these within the reasonable scope. 
  2. In the event of the Company’s dealing with the consumer complaints and dispute conciliation, the Company shall fairly mediate from a third party’s viewpoint.
  3. The User-member shall fully cooperate with the Company’s dispute resolution in good faith.




Article 23 (Halt of Art Terms Service)


  1. The Art Terms service may be temporarily put on hold if any supply of communications and electricity, etc. is disrupted or if needed for maintenance works such as inspection and repair, further installation, replacement or relocation with seven (7) days prior notice; provided, however, that if prior notice cannot be made unavoidably, the Company may give ex post facto notification.
  2. In the event of half of service due to force majeure events including natural disasters, wars, riots, terrors, hackings and/or DDOS attacks, the Company shall make notification on this. If it is impossible to make a prior notice for any unavoidable reason such as failures of information communications facilities, the notification shall be made immediately after such circumstances are resolved.
  3. If the Art Terms service cannot be continued because of difficulties in normal business activities with an institution of the bankruptcy or reorganization proceedings, etc., the Company may put the Art Terms service on hold from the date when thirty (30) days have lapsed upon the date of notice to the User-member.
  4. The Company shall exert its best effort to resume the Art Terms service as early as possible when any cause in the paragraphs 1 and 2 of this Article occurs.
  5. The Company shall not bear any responsibility for the half of service pursuant to this Article.




Article 24 (Indemnification of the Company)


  1. Dealing process in connection with the product transactions between the Seller-member and User-member including the delivery, withdrawal, exchange, return and/or refund shall be carried out under the responsibilities of either party. The Company shall not be involved in the transactions of products nor be obliged to bear any and all responsibilities for this.
  2. The Company shall not be responsible for any interruptions in the use of the Art Terms service arising out of reasons attributable to the User-member.
  3. Damages occurring out of such events where the User-member provided his/her own personal data and account information (ID, Art Terms login password, etc.) to others or leaked any information out of negligence, the Company shall not be responsible for any damages therefrom.
  4. The Company shall not be involved in nor be responsible for the transactions between the User-member and a third party who is connected through any link or banner on the Company’s service screen.
  5. The Company shall not make any warrant for the accuracy, timeliness and validity of products and information provided by the Seller-member or a third party who is shown on the Art Terms service screen, nor shall be responsible for any matters regarding this.



Article 25 (Notice)


  1. The Company may use email address, telephone (mobile) number, a consent box at the time of login provided by the User-member as a means to give a notification in connection with this Agreement.
  2. The Company may replace a separate notification by posting a notice on web site for entire or multiple number of User-members; provided, however, that for any matters significantly influencing the use of service, the notice shall be made with not less than two (2) means described in the preceding paragraph.
  3. The Company shall not bear any responsibility for any error arising out of a situation where the User-member rejects an email or the email address provided by the User-member does not accord with the facts.



Article 26 (Provision of Information and Insert of Advertisement)



  1. The Company may provide a member with various marketing information as deemed to be necessary in the use of the Company’s service by the means of email, post, SMS, telephone, push notification, SNS service connected with the member’s contact information, etc., and the member consents thereto. In such a case, the member may bear data charges depending on his/her telecommunication environment or fee structure.
  2. A member may any time refuse to receive an email mentioned in the preceding paragraph except for transaction-related information in accordance with the relevant laws as well as any answer to customer’s inquiries, and in such a case, the Company shall immediately cease to provide any marketing information in the preceding paragraph.



Chapter 2 Art Terms Paid Services




Article 27 (Purpose)


This chapter aims to set forth rights, obligations, responsibilities and other required matters in connection with the use of the Art Terms paid services provided by the Company.



Article 28 (Indication)


The Company shall indicate the following matters on the first page or FAQs screen of the relevant Art Terms paid services so that such matters can be easily comprehended by the User-member.

  1. Name or title of the Art Terms paid services;
  2. Name (company name in case of corporation), address, and telephone number of a service provider of the Art Terms paid services; and
  3. Contents of the Art Terms paid services, payment methods, fees, other usage conditions;
    1. Applicable devices for the Company’s paid services and the minimal technological specifications as needed for the use of the service shall comply with the information on the recommended specifications.
    2. The Company shall offer exchange, return, warranty of the paid services as well as the conditions and procedures of the payment thereof in providing the paid services.



Article 29 (Establishment of Service Use Agreement)


  1. The Seller-member applies for the service use agreement of the Art Terms paid services in accordance with the procedures provided by the Company. The Company accepts the application of the Seller-member in principle but may withhold the approval in the event of the following cases: 
    1. When the Seller-member uses his/her real name or uses another’s name;
    2. When the Seller-member posts false information or does not write down any content required by the Company; or
    3. When a minor tries to use any paid service which is prohibited by relevant laws such as Youth Protection Act; and
    4. When the Company is short of service-related installation, or there is any technical or business issues.
  2. The service use agreement shall be executed at a point when the completion of sign-up and payment are marked in the process of application.
  3. In order for the Seller-member to use the Art Terms paid services, the Seller-member shall consent to this Agreement and pay the charges in accordance with the terms and conditions of each service.



Article 30 (Halt and Modification of Art Terms Paid Service)


  1. If the Art Terms paid service cannot be provided for reasons such as a change of business types, abandonment of the business and consolidation of business, the Company shall notify Seller-member of this by methods specified herein and compensate User-member according to the conditions previously suggested by the Company.
  2. The Company may modify the Art Terms paid services, in whole or in part, as needed for any operational and technical reasons; in such a case, the Company shall post the relevant matters on the first page of the service before such modification; provided, however, that if the modified contents are important or affect against the Seller-member, the Company shall give notification by any methods specified herein, and the provisions of the Article 15 hereof shall apply mutatis mutandis to the matter with respect to refunds.



Article 31 (Withdrawal and Termination by the Seller-member)


  1. Any Seller-member who has entered into the service use agreement for the Art Terms paid services with the Company pursuant to this Chapter may withdraw the agreement within a certain period. However, the Company’s paid services contain some services which cannot be withdrawn as stipulated in the laws including Content Industry Promotion Act and Act on the Consumer Protection in Electronic Commerce, etc. In this case, the Company shall take one of the measures described below to limit the rights of withdrawal in accordance with the same acts:
    1. If the fact that withdrawals of the Art Terms paid services are unavailable is marked on the indication section;
    2. If any method of temporary or partial usage is provided.
  2. In the occurrence of any of the following reasons, the Seller-member may terminate the service use agreement for the Art Terms paid services:
    1. Within one (1) month from the date when provided with the Art Terms paid services in the event where the Company is unable to supplement and amend defects in the paid services:
    2. When the Seller-member does not give consent to any change in this Agreement, which leads to a withdrawal of membership or termination of the service use agreement for the Art Terms paid services.
  3. Any matter in relation to the return, exchange, refund, cancellation pursuant to the paragraphs 1 and 2, the provisions in the Article 14 hereof shall apply mutatis mutandis; provided, however, that if the Seller-member refunds any payment owing to termination of the service use agreement for the Art Terms paid services due to any prohibited behavior determined hereby or any other reasons attributable to him/herself, the refund may be given after deducting the amount equivalent to the profits and refund charges (larger amount between 10% or 1,000 KRW) which has been obtained by the Seller-member from the use of the Art Terms paid services.
  4. In the event where the Company, any person who gets paid from the Art Terms paid services or any person who enters into the service use agreement for the Art Terms paid services with the Seller-member are not the same person, each party shall take joint responsibility for the fulfillment of obligations in connection with the withdrawals, etc. 



Article 32 (Term of Use, etc.)


Term of use of the Art Terms paid services shall be one (1) year from the purchase unless otherwise indicated in advance. For the Art Terms paid service for which the term of use has lapsed, the user’s right thereto shall be extinguished and deleted from the list.



Article 33 (Provisions Applicable Mutatis Mutandis)


Any matter not stipulated in this Chapter shall be applied by the provisions in the Chapter 1 hereof. In case of any conflict between the contents of Chapter 1 and this Chapter, this Chapter shall prevail.



Article 34 (Dispute Resolution)


  1. The Company shall establish and operate a compensation organization to reflect any reasonable opinion or complaint raised by the User-member and the Seller-member and to compensate for any loss or damage.
  2. The Company shall preferentially handle any complaint and opinion suggested by the User-member and the Seller-member; provided, however, that in case of difficulties in prompt action, the Company shall, without delay, notify the users of any reasons and further schedules. 



Article 35 (Governing Laws and Jurisdiction)


  1. All matters related to this Agreement shall be governed by laws of the republic of Korea.
  2. For any dispute filed between the Company and the User-member, the court having jurisdiction over a place of the Company’s principal office shall be the competent court of jurisdiction.

※In case of any discrepancies between English version and Korean version, Korean version shall prevail.



[Addendum]



This Agreement shall be valid from May7, 2019.







For Korean version https://drive.google.com/file/d/1iAhX5NxbLyJEzZavhe9794qBL82sYX4G/view?usp=sharing 

Consent for Collection and Use of Personal Information (Membership)



Purpose of Collection and Use of Personal Information

Provision of services for Art Terms members



Items of Personal Information to be Collected

Name, Email, Telephone, Address



Period of Retention and Usage

In principle, the personal information is destroyed without delay upon the achievement of purposes of the collection and use of the personal information; provided, however, that the following information shall be retained for specified duration for such reasons set out below:

  1. Retention of information pursuant to internal regulations of the company · Storage in accordance with the prevention of illegal transaction and operation policy: 5 years
  2. Retention of information in accordance with the related laws and regulations
    1. Record on agreement or withdrawal
        • Reason: Act on the Consumer Protection in Electronic Commerce, etc.
        • Period: 5 years
    2. Record on payment and supply of goods, etc.
        • Reason: Act on the Consumer Protection in Electronic Commerce, etc.
        • Period: 5 years
    3. Record on settlement of customer complaints or conflict
        • Reason: Act on the Consumer Protection in Electronic Commerce, etc.
        • Period: 3 years
    4. Record on server log
        • Reason: Protection of Communications Secrets Act
        • Period: 3 months

※ You may choose not to consent to the collection and use of the personal information. However, in such a case, you will not be authorized to use membership service of Art Terms.
※ Any dispute arising out of or in connection with this Agreement shall be governed by Seoul Central District Court.
※ In case of any discrepancies between English version and Korean version, Korean version shall prevail.



Privacy Policy

Art Terms Co., Ltd. (the “Company”) is committed to protecting the customers’ personal information and complies with the ‘Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.’ By this Privacy Policy, the Company informs you of the details on how your personal information will be used for what purposes and of any measure being taken for protecting your personal information. In case of any modification to this Privacy Policy, the Company will provide notification on website (or personal notification). 

Items of Personal Information to be Collected

The Company is collecting the following personal information for purposes of membership, consultation and application of the services:


ο Items to be collected: login ID, email, name, password, telephone, address, information of legal representative, resident registration number, service usage records, access logs, access IP information, payment records
ο Method of collecting personal information: website (sign-up), written form



Purposes of Collecting and Using Personal Information

The Company will utilize the collected personal information for the following purposes:

  • Fulfillment of the agreement on services, fees settlement for the provision of services, provision of contents, purchases and fees payment, goods delivery or shipment to billing addresses, etc. Member management
  • Personal verification for the use of membership service, personal identification, age identification, confirmation on whether the legal representative has consented to the collection of personal information of a child under the age of 14, delivery of notification
  • Utilization on marketing activities and advertisement Understanding of access frequency or compiling statistics on the members’ service usage.



Retention and Usage Period of Personal Information

The Company will promptly destroy without exception the related information upon the achievement of the purposes of collecting and using the personal information.



Process and Method of Destroying Personal Information

In principle, the Company will destroy without delay the related information upon the achievement of the purposes of collecting and using the personal information. The process and method of destruction are as follows:

  • Process of Destruction Data you have entered for signing up for membership will be transferred to a separate DB (a separate filing cabinet in case of paper documents) upon fulfillment of the purposes thereof and will be destroyed after kept for a certain period in accordance with internal rules and other grounds of protection under the related laws and regulations. The personal information transferred to a separate DB will not be used for any purpose other than for retention except as otherwise legally required.
  • Method of destruction The personal information stored in the form of an electronic file will be deleted by using the technical methods where any record thereof cannot be played.



Provision of Personal Information

The Company, in principle, will not disclose externally any personal information of its users; provided, however, that this shall not apply to the following cases:

  • When the users has given prior consent to such disclosure
  • When the disclosure is in accordance with the provisions of laws and regulations or is required by investigation agencies under a specific process and method as provided in such laws and regulations for investigation purposes.



Consignment of Collected Personal Information

The Company does not outsource any personal information of customers to outside agencies without consent of the users. If any necessity for so doing arises in the future, the Company will notify the users of any consignee and details of the outsourcing services. 



Rights of Users and Legal Representatives and the Methods of Exercising Such Rights

A user and his/her legal representative may access or modify personal information of him/herself or a child under the age of 14 and request the termination of the membership service. 

In order to access and modify personal information of a user or a child under the age of 14, you can click ‘modify personal information’ (or ‘modify membership information’ etc.), and for termination of the membership (consent withdrawal), click ‘withdraw membership’ and you may directly access, modify the information and/or withdraw from the membership. If you contact a person in charge of personal information management in writing or via telephone or email, the Company will promptly take measures.

In the event you have requested to correct errors in your personal information, the Company will not use or provide the personal information concerned until such correction is completely made. Further, in the event the incorrect personal information has already been provided to a third party, the details of correction will be notified to a third party without delay.

For any personal information revoked or deleted at the request of users or legal representatives, Artterms is handling such formation in accordance with the stipulation provided in “retention and usage period of personal information collected by Artterms and makes sure it is not accessed or used for any purpose other than this.


 

Installment, Operation and Refusal of Device for Automatic Collection of Personal Information

The Company operates ‘cookie’, etc. for storing and finding out your data. Cookie means a small piece of text file which is sent out from a server used for the operation of Artterms’s website to your browser and is stored on your computer’s hard disk. The Company uses cookies for the following purposes:


  •  Purpose of using cookies, etc.

To provide targeted marketing and customized services by analyzing access frequency or visiting time of members and non-members, understanding users’ preferences and interests, tracking the users and figuring out the participation rates in various events and the number of visits. 

You have an option for setting a cookie. Hence, you may allow all cookies, or go through verification process whenever the cookies are stored, or, otherwise you may reject the storage of all cookies.


  • How to reject setting cookies

For example, you may allow all cookies, or go through verification process whenever the cookies are stored or reject the storage of all cookies by choosing an option in your web browser.

Setting method (for Internet Explorer)

Select Tool menu at the top of the browser > Internet Options > Personal Data 

However, when you rejects setting a cookie, you may have some difficulties in using the service.


 

Civil Affairs Service on Personal Information


The Company designates relevant department and a person in charge of managing personal information as follows in order to protect the customers’ personal information and deal with any complaints thereon.


Tel: +82 1599-1093


Email: info@artterms.net


You may report to a person in charge of personal information management or to a relevant department, any civil complaint on the protection of personal information that arises while using the Company’s service. The Company will provide prompt and thorough answers to the users’ complaints or reports.

For other reports or consultations regarding privacy infringement, please contact the following institutions.

1. Cyber Investigation Department, Supreme Prosecutors’ Office (cybercid.spo.go.kr)

2. Cyber Terror Response Center, National Police Agency (www.ctrc.go.kr/02-392-0330)

※ In case of any discrepancies between English version and Korean version, Korean version shall prevail.



For Korean version https://drive.google.com/file/d/1jgSpNUjXgp4CXiXETMKd4BDVRR-9pygS/view?usp=sharing 

Terms and Conditions for Sales Service


Article 1 (Purpose)
This Terms and Conditions (the “Agreement”) aims to finalize and enable fulfillment of the rights, obligations and general procedures set between Art Terms Co., Ltd. (the “Company”) and a person (the “Seller-member(s)”) who signs up for the Company’s online website (the “Art Terms”) as a Seller-member and uses e-commerce related service as well as other services provided by the Company (the “Service”), thereby promoting mutual growth of both parties hereto.


Article 2 (Definitions)
  1. The following terms in this Agreement shall have the following meanings:
    • “Channel” refers to a service unit which exposes any product information registered by the Seller-member through the “Art Terms”
  2. Definitions for terms in this Agreement shall be in accordance with the Article 2 of the Terms and Conditions for Art Terms Service (the “Terms and Conditions for User-members”) unless otherwise stipulated herein.


Article 3 (Posting and Amendment)
  1. The Company shall post the provisions of this Agreement on the first page of its online site or on a connected screen for the Seller-member’s better understanding.
  2. The Company may amend this Agreement within the extent not violating the relevant laws and regulations. In such a case, the Company shall give a notification through Art Terms Platform while specifying the details of amendment and date of execution for the period from seven (7) days prior to the date of execution to the day before such date of execution; provided, however, that if the amended provisions adversely affect the Seller-members, this shall be notified for the period from thirty (30) days prior to the date of execution of the amendment to the date of execution.
  3.  In the event where the Seller-member does not give consent to the amendment, the Seller-member may express his/her intent of refusal before the date of execution of the amendment and terminate the service use agreement pursuant hereto.
  4. In the event where the Seller-member does not explicitly express the intent of refusal despite a clear notification from the Company when giving a notice on the amendment in accordance with the preceding paragraph, stating that the Seller-member’s intent not expressed until the date of execution shall be deemed as that the Seller-member has already approved the amendment, the Seller-member shall be deemed to have approved the amendment.


Article 4 (Validity)
  1. The Company may establish separate operation policy (the “Operation Policy”) for any detailed matters not stipulated herein and post such matters on the Art Terms Platform. 
  2. The Company may separately establish agreement on a certain service among its services (the “Separate Agreement”). Upon the consent of the Seller-member on the Separate Agreement, such Separate Agreement shall constitute the part of the service use agreement, and in the event of any conflict between the Separate Agreement and this Agreement, the Separate Agreement shall prevail.     
  3. Any person who wishes to join as the Seller-member under this Agreement shall be well aware of the terms and conditions for Art Terms service and confirms his/her consent on the rights and obligations between the User-members and the Company.  

Article 5 (Validation of Service Use Agreement)

  1. The service use agreement shall be valid when a person who wishes to utilize the service (the “Applicant”) consents to this Agreement and applies for registration as the Seller-member pursuant to the process determined by the Company, while the Company proceeds with the screening and approval thereon. The Company may indicate the intent of approval by posting on the relevant service page or by email or other methods. 
  2. If separately asked by the Company to submit evidential materials, the Applicant shall promptly submit these, and the Company may put off or reject the approval on the application of registration until obtaining the materials.
  3. The sign-up for the Seller-member shall be conducted by any individual or corporate business operator over the age of 14, and the member shall fully cooperate if the Company requires submission of a written consent from a legal representative and supporting evidence for the application for sign-up for the Seller-member by any person under the age of 19.
  4. In any of the following cases, the Company may reject an approval on the registration of the Seller-member applied pursuant to the paragraph 1 and cancel the approval even after the registration is completed:
    1. When an applicant has ever been disqualified for membership in connection with this Agreement and other services provided by the Company
    2. When an applicant does not use the real name or uses others’ personal information, i.e. resident registration number, business license number, I-PIN etc
    3. When an applicant provided false information or did not write down any content suggested by the Company
    4. When any member who has been put into suspension of membership from the Company temporarily terminates the service use agreement during the term of such measure and makes an application again
    5. When it is difficult to approve the application due to any technical problem
    6. When the approval is impossible due to any reason attributable to an applicant or when the application was filed in breach of other general conditions such as by not having submitted the required paperwork and documents requested by the Company
    7. When the Company recognizes any necessity not to approve according to its reasonable judgement considering any violation on this Agreement or illegal or unfair application, etc.
  5. In the event of any change in the Seller-member’s membership information such as address or bank account for payment, the Seller-member shall promptly notify the Company of this and the Company shall not bear any responsibility for any damages arising out of delays in such notice.

Article 6 (No Representation and Warranty)
  1. The Company only bears responsibility for operation and management of online sales brokerage system for the transaction of goods and services (the “Product(s)”) between the User-member and Seller-member, and any activities conducted by the Company in connection with the sales and purchase of the Product shall not be deemed as representation of either party. 
  2. With regard to the sales and purchases among the members through the Company’s service, the Company does not make any warranty of any kind with respect to the existence and credibility of sales or purchase intention, products quality, integrity, legality and non-infringement, and authenticity or legitimacy of any data entered by the members and the material posted on the linked URLs by using such data. Any and all risks arising out of these shall be entirely borne by the members.
  3. The Company does not give any warranty on sales effect of the products which are traded in the service by the Seller-member, and the Seller-member shall not bring the Company to account for insufficiencies in the intended sales, etc. 


Article 7 (Types of Service and Fees)
  1. Service provided by the Company pursuant to this Agreement shall be as follows:
    1. Online sales brokerage service through development and operation of E-Commerce Platform (product registration);
    2. Services in various forms such as where the users select preferences of the product by utilizing the product information and database including product images provided by the Seller-member and share their opinions on an advertiser and the products;
    3.  General services in connection with other online sales brokerage services;
  2. The preceding service provided by the Company has the purpose of permitting the use of service and mediating the online sales in order to enable the Seller-member’s transaction of goods, etc., and the Company shall not bear any responsibility in connection with any product registered on the service by individual Seller-member. 
  3. Unless there are any transactional or technical problem, the Company provides in principle its service all year round, 24 hours a day. However, the service may be temporarily halted on date and time when periodic inspection and system upgrades are required. Temporary suspension of the service due to any pre-scheduled operation shall be noticed in advance through the Art Terms Platform.
  4. Fees payable from the Seller-member for the use of Art Terms service can be found on the Company’s website or the screen linked to the Art Terms service.
 

Article 8 (Fees for Use of Service)
  1. The Company may impose the following service fees, and the details and rate of the service fees shall be notified on the Art Terms Platform.
    1. Fees for the use of payment service of Art Terms Pay;
    2. Fees for other optional services, etc.
  2. The Company impose on the Seller-member processing fees (3.5%) for each credit card payment collected from the User-member. The Seller-member authorizes the Company to retain the specified processing fees.
  3. The Company may levy the service fees by deducting from the settlement payable to the Seller-member, and determine the fees and methods of payment differently depending on consultation with the Seller-member and the Company’s internal policy, etc. 
  4. The Company may newly establish or change the service fees if necessary, and the changes will be notified on the Art Terms Platform. 


Article 9 (Online Payment Service)


  1. All online transaction shall be dealt with US dollars, and the Seller-member shall provide the online purchase price in US dollars.
  2. The Company provides payment service between the Seller-member and the User-member but gives no warranty on any product traded by the Seller-member and the User-member.
  3. Upon knowing that any sales were completed other than online purchases, the Company is entitled to charge the fees for such sales on the Seller-member.


Article 10 (Halt of Service)
  1. The Company may temporarily halt the service in the event where the provision of service becomes impossible due to reasons beyond the Company’s control including any technical errors, any cause attributable to a third party such as key telecommunications service provider, natural disaster, a state of national emergency. 
  2. When the Seller-member’s use of service falls under any of the following cases, the Company may cease the provision of service or terminate the service use agreement without prior notice:
    1. When the member conducts any act violating the member’s obligations stipulated herein;
    2. When requested by investigative authorities for purpose of investigation, or when decided or requested by institutions such as Korea Communications Standards Commission, Seoul Electronic Commerce Center to limit the service;
    3. When the Seller-member’s use of service becomes the cause of overloads of the total service system; and
    4. When it is deemed that there exists a breach of this Agreement or the Company’s other service agreement and policies, which causes or may cause damages to the Company or other members. 
  3. In the halt of service provision by the reasons in the subparagraph 1 or 2 of the preceding paragraph, concrete standards of the halt of service shall be determined by the Operation Policy.
  4. If any product registered by the Seller-member has no sales history or if there exists no history of the Seller-members data management, the Company may delete the product information registered by the Seller-member with a notice in accordance with the methods in paragraph 5 for smooth operation of the service. 
  5. When halting the service pursuant to this Article, the Company shall notify this by using the methods such as Art Terms Platform or emails; provided, however, that in the case of technical errors, an ex post facto notification may be made.


Article 11 (Rights and Obligations of the Company)
  1. The Company shall exert its best effort to provide consistent and stable services in accordance with this Agreement.
  2. When any complaint or service issues raised by the Seller-member is deemed justifiable, the Company shall resolve such issues preferentially, and if there are any difficulties in the prompt resolution, the Company shall inform the Seller-member of any reason and processing procedures thereof.
  3. The Company may use any product information registered on the service by the Seller-member within the scope of Article 7(1) hereof and for the purpose of advertising the service itself, and may further modify and edit the information for further utilization.  
  4. The Company may utilize any information on the advertising and sales effect derived from the Seller-member’s use of service for the purpose of preparing statistical data and applying such information to the Company’s other services used by the Seller-member. 
  5. The Company may provide the materials pertaining to the Seller-member’s use of service to public institutions such as investigative authorities without a consent of the Seller-member, if requested by such institutions by due process of relevant laws. 
  6. The Company may delete any information registered by the Seller-member without a prior notice to the Seller member if such information is deemed falling under illegally gathered information or is requested to be deleted from related institutions such as Korea Communications Standards Commission, or if the Seller-member is deemed to be using the service for any purpose other than this Agreement. 
  7. To provide stable services, the Company may set the limit on the number of products available for sales (including both product on sale, product on waiting) for each Seller-member based on the amount of transaction, and the details thereof shall be specified in the Operation Policy.
  8. Based on the Company’s objective, that is to provide a market where users can find what they look for, any details regarding the searches on the service, shape of search list, batch installation, etc. for the Art Terms service shall be entirely decided by Art Terms, and the user’s search query, preference and interest, description of items, list type, price information and locations, previous users and/or any service in relation to the seller’s activity and history may change depending on various factors. Thus, in order to support positive user experience, some lists may not appear on the partial search and the search result of the service, regardless of the sort order or filter settings selected by the Seller-member.

 

Article 12 (Rights and Obligations of Seller-member)

  1. The Seller-member shall provide the following matters in a way the User-member can easily understand them in the process of requesting any purchase.
    1. Any and all information provided in relation to each artist shall be truthful and correct, and all information and settings of the service shall be updated in order to be kept up-to-date, as occasion demands.
    2. Information on each artist’s works shall be entered correctly and truthfully, and in case where any text or image uploaded by the Seller-member contains wrong information, Art Terms (admin) is authorized to edit (modify and delete) such inadequate information.
    3. Apart from the information which can be provided by the Seller-member, the Company holds a right to post any information on artists which have been prepared and edited at the Company’s discretion.
  2. The Seller-member shall send tax subject to each item’s sales which incur in transactions with the User-member to an appropriate tax authority, and the Seller-member is bound to collect, report or transfer the tax.


Article 13 (Notice)­
  1. The Company may use email address, telephone (mobile) number, address, a consent box at the time of login into Art Terms Platform provided by the Seller-member as a means to give a notification in connection with this Agreement.
  2. For notifications to the entire Seller-member, the Company may replace the notice in the preceding paragraph by posting a notice on the first page of the Art Terms Platform for not less than seven (7) days; provided, however, that for any matters significantly influencing the Seller-member’s use of service, the notice shall be made by using not less than two (2) means described in the preceding paragraph.
  3. The Seller-member shall provide information via email, (mobile) telephone number and address which are actually available, keep such information up-to-date, and check the Company’s notice thereon.
  4. The Seller-member shall not be subject to any protection for disadvantages from his/her negligence on the obligations of the preceding paragraph.


Article 14 (Prohibitions of the Seller-member)
The Seller-member shall not conduct any of the following activities. If having violated the aforementioned, the Company may take an action such as to suspend the use of service and/or to terminate the service use agreement. Detailed standards on the suspension of service shall be specified in the Operation Policy.
  1. General Matters
    1. Act of posting and linking pernicious information such as indecent and false information through the service;
    2. Act involved in criminal actions and in breach of other relevant laws and regulations; 
    3. When others and the Company get damaged due to hacking, spreading of computer virus, server attacking, etc.;
    4. Act of transmitting plenty of information with the purpose of interfering the stable operation of the service or of transmitting advertising information against the intent of a recipient;
    5. Act of using the service for purposes other than online sales;
    6. Act of using the service for any event or advertisement purposes which is not directly associated with the sales activities on Art Terms service;
    7. Any and all acts which may disturb or cause malfunctions in the Company’s service; and
    8. Act of transferring, giving or offering as security any right and obligation pursuant hereto to others without prior written consent
  2. Prohibitions Related to the Product’s Registration and Sales
    1. Act of illegal transaction such as to falsely disguise any goods or services or to purchase the Seller-member’s own products by using the IDs of his/her family members or acquaintances;
    2. Act of infringing others’ intellectual property rights such as to use others’ trademark or logo without any permit;
    3. Act of using any trade name irrelevant to the products or dually using the names when registering the product;
    4. Act of falsely indicating or not marking the manufacturer, place of origin and brand name when registering the product;
    5. Act of using others’ original contents without permission including any image or text created by others or any photo filmed and produced by others;
    6. Act of infringing the rights of portraits and names of others such as by using the photos of celebrities;
    7. Act of selling any product in breach of the relevant laws or without obtaining qualifications as a seller;
    8. Act of deceiving any transaction generated off-line or from other websites as if the transaction had been generated online in order to utilize the Company’s payment system for the purpose of unfairly collecting coupons and royalty points provided by the Company, or act of re-ordering and sending the products when the transaction thereof has already generated on the other website; and
    9. Act of registering the product through illicit means such as by falsely registering the product’s category.

 

Article 15 (Protection of Intellectual Property Rights and Report on the Rights Infringement)
  1. When using a third party’s intellectual property right, the Seller-member shall obtain the permission from the right holder and shall not infringe general intellectual property rights of a third party in connection with the registration and sales of the product including trademark right, patent, rights of name and portrait. 
  2. If any third party claims right infringement for the product and other information registered and utilized by the Seller-member, the Company may take measures such as to delete the relevant information and limit re-registration thereof.
  3. With respect to the preceding paragraph, the Company may request any explanatory materials to the Seller-member, and the Seller-member shall fully cooperate with this; provided, however, that any material submitted by the Seller-member is not the one officially acknowledged by the Company such as a court’s final judgment, the Company may maintain the state of product deletion or limit on registration. 
  4. In the event of any dispute raised by a third party with respect to any information registered on the service, the Seller-member shall indemnify the Company and compensate for any loss and damage incurring therefrom.

 

Article 16 (Protection of Acquired Personal Information)
  1. The Company shall not use personal information of others such as the User-members which was acquired from the use of the service, for any purpose other than as stipulated herein, nor shall not disclose the information to the public such as by providing it to a third party; and the Seller-member shall thoroughly protect the information according to the relevant laws and regulations.
  2. The Company may leave any personal information of the User-member which is open to the Seller-member for delivery purpose closed after lapse of substantial time in accordance with the Company’s policy.
  3. In the event of any dispute raised by the User-member due to any infringement of this Article by the Seller-member, the Company shall indemnify the Company at his/her own effort and expenses, and shall bear any and all civil/criminal responsibilities.

 

Article 17 (Usage and Sales Management of Art Terms Platform)
  1. Registration and sales of the product through the service shall be valid upon the Company’s approval on an application for the Seller-member, and the Seller-member shall directly register and manage any information on goods and services through the Art Terms Platform.
  2. The Seller-member is obliged to manage and operate, in good faith, the sales and advertisement of the products through the service not to violate general laws and this Agreement 
  3. The Seller-member shall properly manage the data on the matters frequently changeable such as the number of product in stock through the Art Terms Platform and shall not enter false data on the Art Terms Platform.
  4. The Seller-member may use the Art Terms Platform within the purpose set by the Company as an order checks and delivery processing and shall not provide to a third party any data provided by the Art Terms Platform for any reason other than as stipulated in the relevant laws and this Agreement.
  5. The Seller-member is responsible to manage login information (ID and Password) of the Art Terms Platform, and the Company shall not bear any responsibility for the damages arising out of or in connection with the loss of login information and a third party use thereof due to the reasons attributable to the Seller-member.
  6. The Seller-member shall fully cooperate in case the Company requests the submission of any information and evidential materials as needed for the operation of the service.
  7. The Seller-member shall fully cooperate with the User-member’s request for the issuance of tax invoice, etc.
  8. The Seller-member shall faithfully and accurately give answers to the inquires of the User-member, and any responsibility and obligation arising out of the Seller-member’s incorrect or faithless answers shall be covered by the Seller-member him/herself. Further, in case of continuous dispute raised by the User-member due to any breach of this paragraph, the Company may halt the Seller-member’s use of the service or terminate this Agreement.
  9. The Seller-member shall be fully aware of the operation policy of the service and notification where any instruction is posted or informed through the Art Terms Platform. For any and all damages incurred for not having confirmed this shall not be borne by the Company.

 

Article 18 (Products Ineligible for Transaction)
  1. If any registered item falls under the product ineligible for transaction pursuant to the paragraph 3 of this Article which is not appropriate for online sales and distribution, the Company may delete, cancel or suspend the registration of such product by its authority or at the request of the right claimant.
  2. If the registered item is against the laws or this Agreement, harms the public order and good morals, is associated with the manipulation of laws or bears such purposes, or if required by the Company’s policy, the Company may ex officio delete, cancel and suspend such item.
  3. The following products ineligible for transaction are prohibited from selling and any responsibility for selling the products ineligible for transaction shall be borne by the Seller-member who registered such product.
    1. Product with false and exaggerated advertisement
    2. Product infringing others’ rights such as intellectual property rights (trademark right, copyright, etc.)
    3. Obscene materials, etc. banned to be distributed in the relevant laws
    4. Stolen goods or lost property obtained
    5. Product of which the sales were decided (requested) to be halted or suspended by relevant institutions
    6. Product against the public order and good morals

 

Article 19 (Delivery of Products)
  1. Upon the completion of payment by the User-member, the Company shall take a measure so that the Seller-member can confirm the order information; the Seller-member shall wrap the product in proper packages to prevent any damages according to the order information and shall commission a delivery-proving and traceable distribution agency (delivery service provider) to deliver the product.
  2. The Seller-member shall send out the product within seven (7) business days from the date of payment (if the Seller-member has separately set the delivery terms, such terms shall be conformed), and provide the evidence that the shipment was completed by entering the relevant data such as invoice number on the Art Terms Platform.
  3. If the Seller-member fails to send out the product within the set period in the preceding paragraph, the Seller-member shall enter the cause of delayed shipment and expected date of shipment using the functions of informing late delivery on the Art Terms Platform. In case when not informing the late delivery or exceeding the expected date of delivery entered in the process of informing the late delivery, the Company shall give penalties to the Seller-member and the buyer will be given a refund for the order in issue when requesting the cancellation of order; provided, however, that if the Seller-member has set the separate terms for delivery, the provisions of this paragraph may not apply.
  4. In the event where the User-member fails to normally receive the product due to errors in shipping address made by the Seller-member without any reason attributable to the User-member, or where any defect was detected in the process of the product’s delivery, the Seller-member shall bear any and all responsibility therefrom. 
  5. In the event of late delivery or cancellation of the transaction due to failures in delivery, without any reasons attributable to the User-member, the Company may give penalties to the Seller-member.
  6. In the event of any dispute with the User-member arising out of the product’s delivery, the Company may request the proof of completion of delivery to the Seller-member, and the Seller-member shall submit the relevant materials within seven (7) days from such request.
  7. All responsibilities for any damages and general problems incurred on the User-member and the Company because of the Seller-member’s not having submitted the aforementioned evidential materials or entering the wrong shipping address shall be borne by the Seller-member, and the Company may give penalties to the Seller member.
  8. The Seller member may ship out the product by selecting options among a direct delivery for which tracking is not available, or direct pick-up from the User-member. However, in case of any claim arising out of no evidence or tracking of the delivery, the Seller-member shall provide the evidential materials for the product delivery.

 

Article 20 (Cancellation, Return, Exchange, Refund)
  1. Upon knowing that it would be difficult to supply the product ordered by the User-member, the Seller-member shall immediately notify the User-member and the Company of such circumstances and cancel the order after obtaining the consent from the User-member, while cooperate with the Company to proceed with the refund of payment and other required measures within three (3) days from the User-member’s payment.
  2. In the event where three (3) business days have passed in the state of order confirmation from the date of payment; the expected delivery date exceeded the date entered in the process of informing the late delivery; or the Seller-member’s failures to comply with the separate delivery conditions led to the User-member’s cancellation, such order shall be automatically subject to a refund; provided, however, that if the product is on the way of delivery, the return process rather than cancellation shall be followed.
  3. The Seller-member shall give a refund or take any measure needed for the refund within three (3) business days from the receipt of returned product. No action ever taken by the Seller-member within three (3) business days may lead to the automatic refund.
  4. If the User-member shall be charged for return for any return due to the User-member’s simple change of mind, the Seller-member may directly request an additional payment for the charges.
  5. For any return or exchange by the reasons such as defects or wrong delivery which are not attributable to the User-member, the Seller-member shall not impose any delivery fees on the User-member, and the collectible delivery fees that were additionally paid by the User-member who made an advance payment for return charges at the time of sending out the returned product shall be paid back upon the request of the User-member.
  6. The User-member may request a return of the product within seven (7) days from the completion of delivery, and the Seller-member shall offer return or exchange if the User-member makes a request within the set period; provided, however, that the following cases shall be excluded: if the product is destroyed or damaged due to reasons attributable to the User-member; if the User- member has used the product or the value of the product has significantly decreased by partial; consumption; if duplicable package of the product has been damaged; if the product is manufactured in a customization manner, thus the return or exchange of such product is expressly limited and the User-member has consented thereto; and if the return is restricted by other laws and regulations. Further, when the product is different from what was displayed or advertised, the Seller-member shall return or exchange the product within ninety (90) days from the receipt of the product or thirty (30) days from the date when such fact was recognized or could have been recognized, upon the request of the User-member.
  7. The Seller-member shall make necessary measures on the request of return by frequently checking the Q&A section, Art Terms Platform and telephone. Not having checked the request of return through the O&A section or Art Terms Platform shall be acknowledged as a fault of the Seller-member, and the Seller-member shall not reject the request of return by stating that the User-member has not had prior consultation with the Seller-member. 
  8. In the event where the Seller-member tries to limit the User-member’s withdrawal according to the extent specified in the Act on the Consumer Protection in Electronic Commerce, etc. (the “E-commerce Act”), the Seller-member shall post the reasons of limitation on a product detail page, etc. which can be easily confirmed by the User-member.
  9. The Seller-member shall accurately inform the User-member of any matters on withdrawal and return process in accordance with the relevant laws including the E-commerce Act, at time of initial delivery for the product subject to a self-delivery such as through logistics and direct delivery.
  10. The Seller-member shall fill in the correct reasons of cancellation and return of the orders, and in the event of any claim in connection with this, the Seller-member may be given some penalties. 
  11. If the User request an exchange or refund after receipt of the product, the Seller-member shall exchange/refund the product after receiving the returned product or take a measure as needed for a refund pursuant to the relevant laws; additional expense incurred shall be covered by a party who is responsible for such exchange or refund.
  12. In the event of any defect in the product, the Seller-member shall recall (repair, exchange, refund) the entire products and bear any and all expenses incurred by the recall.
  13. In cases where the products are not smoothly collected because of the Seller-member’s failures in settings even though the User-member has already requested a cancellation of order, exchange or return, the Company may designate another logistics agency in charge of return and exchange; provided, however, that the Seller-member may at any times change the logistics agency in charge of exchange and return through the Art Terms Platform.
  14. The Seller-member shall take necessary action to ensure smooth delivery and the conclusion of cancellation/return/exchange of the ordered product within ninety (90) days from the date when the order was placed. If the order fails to be normally processed within ninety (90) days from the date when the order was placed, the Company may at its own discretion finalize the purchase or cancel the order and refund for the finalization of the dealing relationship unless the aforementioned is explicitly contrary to the intent of the Seller-member, and the relevant details shall be notified to the Seller-member fifteen (15) days prior to such measurement. The Seller-member may raise an objection thereto if he/she does not want such measurement.
  15. When the User-member raises a civil complaint on the order paid to the Seller-member by the measurement in the preceding paragraph, the Seller-member shall resolve such complaint in good faith.


Article 21 (Penalty and Halt of Membership)
  1. For promoting the stability and credibility of the transactions through the service, the Company may halt the membership or limit the service use of the Seller-member as prescribed herein.
    1. 1. Halt of membership and provision of disadvantages as penalties
      1. The Company grants penalties after evaluating the transactions of the Seller-member. The Company grans the penalties based on the statement of sales refusal and the delays in delivery, return, complaint handling for a certain period of time as earlier mentioned by the Company, thereby providing regular benefits (or disadvantages) or halting the Seller-member’s membership based on such penalties. 
      2. The Company informs the Seller-member of detailed matters on the penalties through its Operation Policy.
    2. Halt of service due to breach of the usage policy such as by conducting unfair transaction or registering products ineligible for sales, or other illegal and unjust acts
  2. The Company may halt the membership of the Seller-member or limit the Seller-member’s use of the service if there are considerable grounds to suspect that the Seller-member has breached this Agreement, the Company’s Operation Policy and other related laws, or otherwise violated others’ rights or conducted any illegal and unfair acts. 
  3. Concrete standards for the halt and suspension against the Seller-member shall be determined in the Operation Policy.

 

Article 22 (Settlement)
  1. When the payment for products on service is paid and its delivery is finalized, the Company shall pay to the Seller-member the remaining amount (the “Settlement”) as a monthly adjusted payment on every following month after deducting the service fees, outstanding payment for the Company, and other payables to the Company from the sales payment in accordance with the policy.  
  2. Settlement shall be made through wire transfer. The holder of the deposit account as designated by the Seller-member shall be the same person with the Seller-member in principle. Any settlement generated after the Seller-member’s withdrawal from the service shall be paid to the deposit account most recently designated by the Seller-member before the withdrawal.
  3. The Seller-member shall prove the completion of delivery by attaching the evidential materials twenty (20) days after the date when the product was purchased.
  4. If a wire transfer cannot be made due to any errors in the account information, system errors or suspension of service use, etc., the settlement of the adjusted amount may be put on hold. 
  5. The Company may request a consent on the collection and usage of the resident registration number (foreign registration number in case of foreigners, hereinafter, “Resident Registration Number, etc.”) for issuance of invoices and the payment of the settlement.


Article 23 (Postponement of Settlement)
  1. The Company may deduct any expenses such as losses incurred by the Company and the User-member due to reasons attributable to the Seller-member when calculating the sales payment and may deposit some amount equivalent to a certain ratio of the Seller-member’s sales payment for a certain period of time after the termination of the agreement with the Seller-member and use such amount in the payment of relevant expenses for any claims raised by the User-member such as refund and exchange, etc. 
  2. If there is a court’s decision rendered at the request of a creditor of the Seller-member such as a provisional seizure, seizure, and an order of collection against the sales payment, the Company may cease the settlement of the sales payment until the said decision is lifted by mutual agreement between the Seller-member and his/her creditor or by repayment of the debts, etc.
  3. If the Seller-member has violated the provisions herein or there are reasonable grounds to deem that the Seller-member has done so, the settlement for the sales payment may be postponed for a certain period for any processing or cancellation of the transactions. 
  4. If stipulated in the laws other than the provisions of this Article or provided by any reasonable grounds, the Company may postpone the settlement of sales payment in whole or in part for a certain period by giving a notice to the Seller-member, or may set off with the Company’s payables to the Seller-member.

 

Article 24 (Payment Protection Service) 
  1. The Company shall provide a payment protection service consisting of receipt, storage and transfer of the payment (the “Payment Security Service”) in the process of providing the Art Terms service.
  2. The Payment Security Service provided by the Company shall apply every transaction through the service; provided, however, that if the Seller-member proceeded with the direct transaction without using the Payment Security Service, the Company shall not bear any responsibility.
  3. Any matter arising out of or in connection with the transactions or products without using the Payment Security Service provided by the Company or the transactions generated after the conclusion of the Payment Security Service shall be resolved through mutual consultation between the Seller-member and User-member.
  4. The Seller-member shall consent to the use of Payment Security Service and any rules thereof in using the service provided by the Company.

 

Article 25 (Art Terms Royalty Points, Coupons)
  1. The Company may issue Art Terms royalty points and coupons in accordance with the Company’s procedures and separate agreements.
  2. The Company may set a limitation on the issuance of the royalty points and coupons which is contrary to the Operation Policy of the Company.
  3. When settling the relevant transaction, the Company shall make payment to the Seller-member by   calculating the amount discounted by the Art Terms royalty points or coupons which were used by the User-member; provided, however, that if there any expenses payable from the Seller-member pursuant to the paragraph 1-subparagraph 2 of this Article, the Company may make payment after deducting such amount. 
  4. If the User-member uses the Art Terms royalty points, etc. for purchasing the Seller-member’s product through a channel service, the Company may deduct from the amount of settlement for the Seller-member, any service fees which were notified to the Seller-member from the Company through the Art Terms Platform. 
  5. ⑤ The Seller-member may check the amount of settlement on My Page.

 

Article 26 (Termination of the Service Use Agreement)
  1. In the event of the following causes, the Company may terminate the service use agreement as entered into in accordance with the Article 5 hereof:
    1. If any party violated this Agreement and the Company’s Operation Policy and does not correct such violation within seven (7) days from the request of correction from the Company;
    2. If fulfillment of the service use agreement became impossible due to the financial institution’s halt of transaction such as seizure and provisional seizure, institution of reorganization and bankruptcy proceedings, administrative dispositions such as business suspension and revocation of permission, preservative measures for major assets, business transfer and consolidation, etc.; 
    3. If any breach of the relevant laws or other causes attributable to the Seller-member led to tangible/intangible losses to the Company including damages on reputation;
    4. If any cause to reject the approval in the Article 5(4) was confirmed; and
    5. If the need to terminate the service use agreement is acknowledged by the Company based on reasonable grounds.
  2. In the case of termination pursuant to this Article, the Company shall notify the Seller-member by the methods specified in the Article 11. In such a case, the Company shall provide the Seller-member with an opportunity to raise an objection for a certain period before the termination; provided, however, that in case of falling under the subparagraphs 1 and 2 of the preceding paragraph, and if otherwise provided by this Agreement and Operation Policy, the separate period for raising an objection may not be granted. 
  3. In the event where the Seller-member wishes to terminate the service use agreement pursuant to this Agreement, the Seller-member shall request the withdrawal from membership through the Art Terms Platform by filling in the cause of termination. If there is any on-going transaction, inquiry or civil complaint or if the membership had been suspended pursuant to the Article 19 hereof, the request of withdrawal shall not be made. In such a case, the Seller-member may request to leave or terminate the service use agreement as determined by this Agreement and the Operation Policy only after the Seller-member completed the processing of relevant matters.
  4. Despite the termination, the Seller-member shall take every measure needed for any delivery, exchange and refund of the unclosed orders until the termination, and the provisions pertaining to the Seller-member’s responsibilities for any product already sold prior to the termination shall continue to be valid.
  5. Termination pursuant to this Article does not affect any pre-existing legal relationships between both parties as well as the rights to the damages claim.

 

Article 27 (Confidentiality)
  1. The Seller-member shall not disclose any information obtained in connection with the use of the service such as user information without the Company’s consent nor shall use such information for any purpose other than as specified in this Agreement. 
  2. The obligation of the preceding paragraph shall survive the termination of the service use agreement.

 

Article 28 (Prohibition of Transfer)
  1. The Seller-member shall not transfer or provide as a collateral to a third party, any and all rights and obligations hereof without the Company’s prior written consent.
  2. When the Seller-member breaches this Article, the Company shall be entitled to refuse the provision of the services and may terminate the service use agreement against the existing Seller-member.

 

Article 29 (Compensation for Damages)
If either the Company or the Seller-member breached the provisions hereof with either party’s obvious faults, causing damages on the other party or other members, the breaching party shall bear the responsibility to compensate for such damages.

 

Article 30 (Indemnification of the Company)
  1. The Company only provides a transaction system for online sales between the User-members and Seller-members. In the event of any dispute arising in connection with the information on goods and services registered by the Seller-member or with the transaction with the User-member, the Company shall not engage in such dispute, and all responsibility for the result of such dispute shall be borne by the Seller-member. Further, in the event of any civil or criminal action filed by a third party against the Company, the Seller-member shall fully cooperate to solve the problem and compensate for any loss incurred by the Company, if any; provided, however, that the Company may exceptionally be involved in the disputes through Safe Transaction Center (including a customer service center) as established and operated by the Company for the purpose of reasonable and smooth mediation of the disputes. The Seller-member shall fully respect the decisions of Safe Transaction Center in the principle of good faith.
  2. The Company may delete or modify the information regarding the products and services if requested by the legitimate right holder, and the Seller-member may not claim any compensation for damages therefrom.
  3. The Company may provide the User-member with the methods of accessing the information of the Seller-member based on the relevant laws and regulations. The Seller-member shall bear any and all responsibilities arising out of not specifying or falsely specifying such information. 
  4. The Company may temporarily suspend the provision of the sales service in occurrence of such causes including the maintenance, inspection, replacement, failures, disconnection of the communications facilities, i.e. computers. The Company shall not bear any responsibility unless such responsibility arises as a consequence of the Company’s willful conduct or gross negligence.  
  5. For any damages caused by the Seller-member disclosing or providing others with his/her own personal information or login information on the Art Terms Platform, the Company shall not bear any responsibility. 
  6. For any other damages caused on the Seller-member by neglecting the obligations of confirming          the relevant laws, any change to the service use agreement provided by the Company and other    separate agreements, and the notice for the Seller-member, the Company shall not bear any responsibility.

 

Article 31 (Court of Jurisdiction)
In the event of litigations filed against the Company with respect to this Agreement, each service use agreement between the Company and the members, and any disputes among the members, the court having jurisdiction over a place of the Company’s principal office shall be the competent court of jurisdiction.


Article 32 (Application of the Agreement)
This Agreement shall apply mutatis mutandis to the Terms and Conditions for the Art Terms Sales Service unless otherwise provided herein.


※ In case of any discrepancies between English version and Korean version, Korean version shall prevail.


[Addendum]

This Agreement shall be valid from May 7, 2019

For Korean version https://drive.google.com/open?id=1Arh8p9xOcO-4GrPe9ZBq6fiyUkv9K5_i 
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