Chapter 1 General Rules Article 1 (Purpose) This clause is aimed at stipulating details of general conditions for joining Benikea (http://www.benikea.com) and using services that the company offers to its customers (members) and other necessary matters between the two sides. Article 2 (Definition of Terms) (1) Terms used in this clause are defined as following. - ‘Member’ means the user of this service who agreed to the clause and uses this service. - ‘Contract for Use’ means all the contracts between the company and each member with regard to the use of service including this clause. - ‘User ID’ is a peculiar combination of characters and figures that the company grants to each member for the recognition of the membership and the use of service. - ‘Password’ is a peculiar combination of characters and numbers that each member registers with the company for the verification of the membership corresponding to the User ID. - ‘Terminal’ means the computing devices such as personal computers, PDAs and mobile phones that the members use for the connection to the service. - ‘Cancellation’ means that either the company or a member terminates the contract for use of service. (2) Other terms that are not defined in Clause 1 would be construed as the terms used in relevant laws and the guidelines of each service, or in accordance with general custom. Article 3 (Validity of Clause and Revision) (1) This clause takes into effect with the agreement of the member and the endorsement of the company after the public notification by Benikea and the company can revise the clause within the confines that would not violate the relevant laws if there is a reasonable cause for alteration. Revised clause comes into effect after proper notification through Benikea. (2) Members should visit Benikea regularly and check the changes in clauses. The company does not take responsibility for losses of the members caused by their ignorance of the information on the changed clauses. (3) Members can request withdrawal of membership if they do not agree with the changed clauses. Article 4 (Regulations in Excess of Clauses) The company can stipulate particular clauses or operation principles (guidelines by services) for individual items of services. If the clauses and the guidelines by services collide each other, guidelines of the services come prior to the clauses. Chapter 2 Conclusion of Contract Article 5 (Conclusion of Contract) (1) Contract of use is concluded with user’s agreement to the contract and application and the company’s endorsement. (2) Agreement for contract of use is made by clicking “Agree” button in the application form. Article 6 (Application of Use of Service) (1) Users who would like to be granted membership and use the service should provide general information requested from the company (User ID, password, name, address, etc.) (2) All the members should provide the company with their information to use the service. Those who do not provide the true information, including those who illegally use other people’s name or information and those who provide false information cannot claim any rights in relation to the use of service and even can be punished according to relevant laws. (3) Membership could be attained only through the real information of the users and the company could take steps to verify the authenticity of the information. Members should cooperate with the company’s measures to verify the information. If they do not comply with the requests, the information could be considered illicit. (4) The company could classify the members by several grades, under which the users would have differentiated service, including the time of use, the number of times and service menu. Article 7 (Protection and Use of Individual Information) (1) The company makes efforts to protect the individual information of the members as stipulated in relevant laws. Relevant laws and the company’s rules on private information would be applied to the protection and use of the individual information. But the company’s policy is not applied to the other sites linked to the official Web site of the company. Also, the members should manage their passwords strictly so that they cannot be exposed to other people. The company does not assume responsibility for the information leaked due to the careless management of information by the members. (2) The company could provide a member’s information to a third party within the confines stipulated by such following laws: - in case the information is requested from investigative bodies or other government agencies - in case the information is needed for the protection of private information such as the verification of illegal acts by a certain member including the violation of clauses or laws - in other cases when the information is required by other relevant laws Article 8 (Endorsement or Limit of Application) (1) The company endorses the application for use of service in accordance with the order of applications, as stipulated in Article 5 and 6, in case there is no service or technical problems. (2) The company could defer the endorsement in the following cases: - if the application was not made with the true information of the user - if the application was made with the purpose of violating laws or impeding the safety, order and social morals and custom - if the user tries to use the service for illicit purpose - if the user applied to the membership with a view to pursuing profit-making through this service - if the applicant is in a competitive position with this service - if the applicant had already been deprived of the membership due to violation of laws or clauses in the past - if the application was made in violation of other regulations (3) The company could delay the endorsement in the following cases until the time when the reasons for the restriction are settled down: - if there is no room for the company’s facilities - if there is technical problems - if there are other problems attributable to the company preventing it from endorsing the applications (4) The company could defer the application in accordance with the guidelines of each service if the applicant is a minor under the legal age. (5) The company could withdraw its endorsement even after the completion of the process granting membership if any reason is found stipulated in the abovementioned Clause 2. Article 9 (Grant of ID and Change) (1) The company grants User ID to a member in accordance with the clauses. (2) User ID cannot be changed in principle. If the ID should be changed due to unavoidable causes, the user should terminate the existing ID and apply for the new one. (3) User ID of Benikea could be shared by the other sites affiliated with the company under the approval of the member. (4) User ID could be changed or suspended at the member’s request or the company’s authority in the following cases: - in case the User ID is deemed vulnerable to violation of privacy because it is composed of telephone number or residence registration number - if the ID could create a feeling of hatred or collides with social morals and custom - if the User ID is identical with or similar to the name of the company and the company’s services or the name of the service operator - if there are other reasonable reasons (5) All responsibility for the management of User ID and the password should be assumed by the members. The company does not take responsibility for the losses or the illicit use by a third party due to careless management of the ID and password (6) Other matters related to the management and change of the User ID follow the guidelines by services. Chapter 3 Duties of Contractors Article 10 (Duties of Company) (1) The company should let the users use the service from the date when the user hoped to begin using the service unless there is any particular reasons not to. (2) The company should fix and restore any problems with its facilities without delay for the continuous and stable provision of service unless there are unavoidable reasons. (3) The company should set up security systems for the protection of the individual information and notify and observe policies for dealing with the information. (4) The company should deal with any complaints or other opinions from the members at once in accordance with proper procedures if they are considered just. If an immediate settlement is impossible, the company should notify the members the reason and clarify the schedule for future settlement. Article 11 (Duties of Members) (1) A member should submit his/her own true information based on facts when he/she fill in the application form or revise it. If the member makes a false statement or uses other people’s information, he/she cannot claim any rights related to the service. (2) Members should observe clauses and general rules and regulations stipulated by the company and should not do acts that impede the company’s works, cause damages to other people or impair other people’s reputation. (3) Members should inform the company of any change in their information such as address, contact number and e-mail address immediately. (4) Members are not allowed to do business activities utilizing this service without prior approval from the company and the company does not assume the responsibility for any results of that illicit business activity. Beside, members should make up for any losses of the company caused by such business activities and the company could restrict the members’ use of service and demand damages against them according to laws. (5) Members are not allowed to transfer and donate the rights to use the service or their status stipulated in the contract to other people without any clear agreement of the company. The members cannot use them as mortgage either. (6) Members should not violate the general rights of the company or a third party, including the intellectual property rights, or should not do acts stipulated in the Article 18. Chapter 4 Use of Service Article 12 (Time of Service) (1) Use of service, in principle, would be maintained 24 hours throughout the year. But the company could stop the service temporarily during a previously notified period for regular checkup, expansion and replacement of the system. Any temporary stoppage for scheduled works should be notified in advance on Benikea. (2) The company could halt the whole or partial service without prior notification if there are unavoidable reasons such as urgent checkup, expansion or replacement of the system, overcrowded use of service, national emergency situation and power failure. (3) The company could halt the whole or partial service after prior notification if there is a need for reorganization of the service and other operational needs. Article 13 (Members’ Postings, etc.) (1) Postings include articles, photos, various files and links, etc., posted by the members. (2) Members should take responsibility for losses or any other problems caused by their postings and the company does not assume the responsibility for them unless there is any peculiar circumstance. (3) The company could halt the posting temporarily, revise, delete or reject the registration of the postings without prior agreement of the members in the following cases: - if the posting insults or disgrace other members or a third party - if the posting spreads or links contents that violate social morals and custom - if the posting encourage illegal piracy or hacking - if the posting is an advertisement for profit-making - if the posting is objectively assumed as connected with crimes - if the posting contains contents that violate copyrights or other rights of other members or a third party - if the posting contains are private political judgment or religious opinions and does not fit the characteristics of the service - if the posting does not correspond to the principles or regulations of the company or the characteristics of the bulletin board - if the posting is judged to be in violation of other relevant laws (4) The company could temporarily stop any posting (halt of forwarding) if a third party requests the company for defamation, violation of rights such as intellectual property rights and other reasons. If there is any legal judgment or other conclusions such as agreement between the party who requested the posting and the member who posted the material, the company would follow the decision. (5) If a member’s posting was temporarily halted, the member could ask for the re-posting of the material to the company. If the member does not request for the re-posting within 30 days from the stoppage, the company could delete the posting. Article 14 (Copyrights for Postings) (1) Copyrights and other intellectual property rights for the postings and other writings by the company belong to the company. (2) Copyrights of the materials posted on the service by a member belong to the member. But the company could use the member’s posting within reasonable confines without approval from the member for such purposes as the operation of service, exhibition, transmission, distribution and publicity. - Copying, revision, reorganization, exhibition, transmission, distribution and editing of the materials in the service without hurting the copyrights - Providing members’ postings to service partners such as media and news agencies for exhibition or publicity activities In these cases, however, the company should not provide the third party with private information of the members, expect for User ID, without prior approval from the members. (3) The company should get the member’s approval in advance through phone, facsimile, e-mail or other ways if it wants to use a posting by the member by other means. (4) If a member cancels its membership, the postings in his/her account would be deleted. But the materials saved and re-posted by other members or other materials that have been combined with other members’ postings would not be eliminated. Postings in the bulletin board would not be deleted either. Article 15 (Provision of Information) (1) The company could provide members with various information that is considered useful for their use of service through e-mail, mail, SMS service, phone and other means. (2) The company could collect additional individual information in accordance with relevant laws after getting approval of the members for the purpose of the improvement of the service and the introduction of service toward members. Article 16 (Advertisement Posting and Trade With Advertiser) (1) Some of the service investment base comes from the profits made through the posting of advertisement. Members agree to their exposure to such advertisement while using the service. (2) The company does not assume responsibility for the losses caused by members’ participation in the promotional activities of the advertisers in the service. Chapter 5 Cancellation of Contracts and Restriction of Use Article 17 (Change of Contracts and Cancellation) (1) If a member wants to cancel the contract, he/she should make cancellation of the service by using the menu [Customer Center] first. (2) The company should cancel the membership according to the guidelines for private information. If the company wants to terminate the contract with a certain member, it should give the member an opportunity to appeal and explain before cancellation. Article 18 (Restriction of Use) The company could restrict or initialize the use of service, cancel the contract or take other steps if any member violates the duties stipulated in Article 11. Chapter 6 Compensation for Damages and Others Article 19 (Compensation for Damages) (1) The company and the users should compensate for losses they caused to each other. But, (2) The company does not take responsibility for losses in connection with the use of service which it provides free of charge unless it violates its guidelines for individual information. Article 20 (Exemption Clauses) (1) The company is exempted from duties for provision of service in case of natural disasters, wars, halt of service of the communication infrastructure and other unavoidable causes. (2) The company is exempted from responsibility for losses caused by inevitable causes such as restoration, replacement, regular checkups or construction of the service facilities. (3) The company does not assume responsibility for losses caused by computer errors of the members or the false or poor information of the members such as the false e-mail address. (4) The company does not take the responsibility even if a member could not make profits as much as they had expected or the losses through the use of service. The company does not assume the responsibility for the members’ losses caused by materials obtained in the service. (5) The company does not take responsibility for the reliability and accuracy of the information, materials and facts posted by members. The company does not have any obligation to be involved in conflicts among members or between members and a third party and, therefore, does not have any responsibility for compensation. (6) The company does not have any obligation to check, review or inspect the postings by members and does not take responsibility for the results. Article 21 (Notification) (1) The company can send notification to members through e-mail addresses that they registered with the company. (2) If the company needs to notify many unspecified members, it could post the notification on the bulletin board for more than 7 days instead. Article 22 (Jurisdiction and Standard Laws) (1) Other matters that are not stipulated in this clause would follow the other relevant laws and the commercial practice of the Republic of Korea. (2) Members of the valued service who pays a fixed amount of money or other members for charged service are subject to the other clause and policy, provided by the company. (3) If a conflict should be brought to a court, the competent court would be the Seoul Central District Court. < Supplementary Provision > 1. This clause takes into effect from Oct. 1, 2007. 2. The previous clause, which has been in effect from Jan. 2, 2006, will be replaced with this new clause.
BENIKEA Business Department
Address: 12 Floor, Korea Tourism Organization, 40, Cheonggye-ro, Jung-gu, Seoul, 100-180, Korea / Business Number : 202-81-50707
Sales numbers : 2009-Jung-gu, Seoul -1234 / TEL : +82 2 728 9730, 9739 / FAX : + 82 2 728 9740 / E-mail : support@benikea.com
Copyright(c) Benikea All rights reserved
