Terms and Conditions of Use

Article 1 (Purpose)

The purpose of this Terms and Conditions is to define the matters of rights, obligations and responsibilities of cyber mall and user to use the internet related service (hereinafter referred to as “service”) provided by No Promise (hereinafter referred to as “Mall”) that is operated by ‘Promise Company’ (hereinafter referred to as “the Company”).

※ 「With respect to e-commerce that uses PC communication, wireless and so forth, this Terms and Conditions shall be applied unless it is against the property thereof.」

Article 2 (Definitions)

1.  “Mall” means the virtual business premises established to transact for monetary term and others by using the information and communication facilities, such as computer and so forth in order to provide users with the monetary term or service (hereinafter referred to as “monetary term and others”), and in addition, it is used as the meaning of business premised operating the cyber mall.

Currently, the site operated by the Company is www.nopromise.kr and the other web-site and mobile application provided by the Company may be included.

2. “User” means member and non-member receiving the service provided by "Mall" in accordance with the Terms and Conditions by linking to “Mall”.

3.  ‘Member’ is the person who registered as a member to “Mall” and it means the person to use the service provided by the site continuously with the information of the site granted with ID from Mall.

4. Non-member’ means the persons using the service to provide by b1 without subscribing as a member.

5. 'ID' means the combination of character and number approved by the site with a member to set in order to use the service and identity of the member.

6. ’Password' means the combination of English characters and numbers that are registered on the site where members set the information in order to protect the rights and confidentiality as well as confirmation of unity of members.

7. Any terminology not defined under this Terms and Conditions shall follow the matters set forth under pertinent laws and regulations and it shall follow the general commercial practice for other cases.

Article 3 (Specification, Description and Revision of the Terms and Conditions, Etc.)

1. “Mall” shall post the contents of this Terms and Conditions, trade name, name of representative, address of business premises (including the address of place where the complaint of consumers may be processed), tel number, fax number, e-mail address, business registration number, report number of online sales business, responsible person of protecting personal information and so forth by posting them on the initial service screen of “Mall” (front side). However, the content of the Terms and Conditions has to be available to the users to see through the connecting screen.

2. Before a user to agree to the Terms and Conditions, “Mall" may provide separate connection screen, pop-up screen or the like to seek for confirmation of the user in a way for the user to understand important contents of withdrawal of subscription, responsibility of forwarding, requirement of refund or the like from the contents set forth on the Terms and Conditions.

3.  “Mall” may revise this Terms and Conditions within the scope not to violate any pertinent laws and regulations from the 「Act on the Consumer Protection in Electronic Commerce, Etc.」, the 「Act on the Regulation of Terms and Conditions」, the 「Framework Act on Electronic Documents and Transactions」, the 「Electronic Financial Transactions Act」, the 「Electronic Signature Act」, the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.」, the 「Act on Door-to-Door Sales, Etc.」, the 「Framework Act on Consumers」 and so forth.

4. In the event that “Mall” revises this Terms and Conditions, it shall specify the date of application and cause of revision to notify the same from 7 days prior to the application date to the previous day of the application date on the initial screen of "Mall" together with the current Terms and Conditions. However, in the event that any of the contents of the Terms and Conditions is modified adversely to the users, it shall be notified with the reserve period of at least 30 days or longer in advance. In this case, “Mall“ shall indicate the contents before and after the amendment by clearly compared in a way of users to easily see.

5. In the event that “Mall” revises the Terms and Conditions, the revised Terms and Conditions shall be applied only for the contract executed after the date of application, and with respect to the contract executed prior to such time, the provisions of the Terms and Conditions before the revision shall be applied. However, in the event that the users who have entered into this Agreement send the intent to have the application of provisions under the amended Terms and Conditions to “Mall” within the notice period of the amended Terms and Conditions under Paragraph 3 and obtains the consent of “Mall”, the provisions of the amended Terms and Conditions shall be applied.

6.  With respect to matters no set forth under this Terms and Conditions and interpretation of this Terms and Conditions, the Act on the Consumer Protection in Electronic Commerce, Etc. , the Act on the Regulation of Terms and Conditions, the consumer protection instruction for the e-commerce and so forth set forth by the Fair Trade Commission, pertinent laws and regulations or commercial practice shall be followed.

Article 4 (Provision and Modification of Service)

1.  “Mall” shall carry out the following affairs.

    - Provision of information on monetary goods or service, and entering into the purchase   contract

   - Forwarding of monetary term with the purchase contract executed

   - Other works set forth by “Mall”

2.  In the event that there is any member and others of quality or technical specification for monetary term or service, “Mall” may modify the contents of monetary term to be provided by the contract to be executed in the future. In this case, the contents and date of provision of modified monetary term shall be        specified to notify the contents of present monetary term immediately at the place of posting.

3.  In the event that the contents of the service executed for the Agreement with the user to provide by “Mall” on the ground of modification and others of technical specification or disconnection of modification, the cause shall be notified immediately to the e-mail or address available to notify to the user.

4.  For the case of the previous Paragraph, “Mall” shall compensate the damages inflicted on users thereof. However, it shall not be the case in the event that “Mall” proves that there is no such intentional or negligent act.

Article 5 (Suspension of Service)

1.  In the event that there is any cause for repairing, inspection, replacement and breaking down of computer and other information communication facility, “Mall” may temporarily suspend the provision of service.

2.  “Mall” shall compensate the loss inflicted on the user or third party due to the temporary suspension for the service due to Paragraph 1. However, it shall not be the case in the event that “Mall” proves that there is no such intentional or negligent act.

3. In the event that the service is not to be provided, “Mall” shall notify the user with the method set forth under Article 6.

Article 6 (Notice to Members)

1. In the event that the Company notifies to a member, it may do so to the e-mail address or mobile phone text message that the member submits to the Company when applying for subscription.

2.  The Company may substitute the individual notice by posting it to the site for a week or longer in the event that it is the notice on the unspecified members. However, individual notice shall be made on matters with material influence on the members.

Article 7 (Subscription of Membership)

1.  The Agreement of Use is executed by the consent of a member to the contents of the Terms and Conditions by the person intended to be a member (hereinafter referred to as the “applicant for subscription”), fill in the membership information in accordance with the subscription form set forth by the Company to apply for the subscription to the membership, and the Company approving for such application.

2. “Mall” shall register a member not applicable to any of the followings from the users applied for subscription as a member as in Paragraph 1.

  - In the event that a applicant for subscription has lost the qualification of membership under the Terms and Conditions. However, in the event that any person lapsing 3 years after losing the qualification of membership and obtains the consent of “Mall” for re-subscription of membership, it shall be an exception.

  - In the event that there is any false information, omission of record, or error in record on the registration contents

  - In the event that the name is not a real name or use the name of someone else

  - In the event that the name and e-mail address are consistent to the already subscribed member

  - In the event that this service is intended to use for the purpose of illegal use or seeking for profit

  - In the event that it is confirmed to breach to the Terms and Conditions or in the event that it is confirmed as illegal application to use, or in the event that it is acknowledged as required by the Company under a reasonable consideration

3.  The period to establish the membership subscription agreement shall be the time that the consent of “Mall” reaches to a member.

4.  In the event that the approval is impossible due to the fault of user or in the event that the application is filed in breach of other pertinent matters

  - For application following Paragraph 1, the Company may request for real name confirmation, personal certification, business certification through a special agency in accordance with the type of membership.

  - In the event that the Company has no availability of service related facility or in the event that there is any technical or work issues, the approval may be reserved.

  - In the event that the consent for membership application is not made or reserve in accordance with Paragraph 2, the Company shall inform the same to the applicant for subscription in principle.

Article 8 (Modification of Membership Information)

1. A member may access the his personal information and revise it at anytime through the personal information management screen. However, any revision for real name on service management, resident registration number, ID or the like is impossible.

2. In the event that a member has modified any information provided at the time of applying for membership application, it shall be revised via online and the modified matter shall be informed to the Company by e-mail or other method.

3. With respect to any adverse interest arising from not informing the modified information of Paragraph 2 to the Company, the Company shall not be held liable.

Article 9 (Termination of Membership)

1. A member may request for withdrawal at anytime to “Mall” and  “Mall” may process the withdrawal from membership immediately.

2. The Agreement of Use shall not expired when the intent of termination by a member is reached to the Company.

3.  In the event that “Mall” notifies on a management, it may be done via e-mail address stipulated and designated by “Mall”.

4. In the event that the notice is made to the unspecified member, “Mall” shall post it to the bulletin board of “Mall” for one week or longer, it may be substituted to the individual notice. However, individual notice shall be made on the matters with material influence in relation to the transactions of members.

5. Any management terminated it in accordance with this Paragraph may subscribe it again as a member in accordance with the provision related to the membership procedure set forth under the Terms and Conditions. However, any member not obtaining the business certification cannot rejoin after the termination.

Article 10 (Termination of the Company)

1. In the event that a member is applicable to any of the following causes, “Mall” may restrict and suspend the membership qualification.

  - In the event that a false content is registered when applying for subscription

  - In the event that the proceeds of monetary term and others purchased by using “Mall” and other debts payable by the member in relation to the “Mall” use is not paid on due days

  - In the event that it threatens the e-commerce order by interfering with the use of “Mall” for other people or misusing the information thereof

  - In the event that “Mall” is used to engage in any act against the public norm and accepted practice of prohibited by laws and regulations or the Terms and Conditions

2. After restricting or suspending the membership qualification by “Mall”, in the event that the same act is repeated twice or more or in the event that the cause is not remedied within 30 days, “Mall” may lose the membership qualification.

3. In the event that “Mall” loses the membership qualification, the membership registration shall be cancelled. In this case, it shall be notified to members and granted with the opportunity to clarify by setting forth the period of at least 30 days prior to cancel the membership registration.

4. Any damage generated in relation to the expiration of the Agreement of Use shall be born onto the applicable members expired with the Agreement of Use and the Company shall not bear all responsibilities.

Article  11  (Obligations of Member and User)

1. A member shall comply with the matters notified by the Company, such as, pertinent laws and regulations, provisions of the Terms and Conditions, information of use and so forth and it shall not engage in any act interfering with the company affairs.

2. A member shall not engage in any of the following act in relation to the service use.

  -Registration of false contents when applying for or modification of service

  - Misuse of someone else's information

  - Unauthorized modification of information posted to the Company

  - Forwarding or posting of information (computer programming etc) other than information set forth by the Company

  - Interference with the intellectual property rights. such as, copyright of the Company and any third party

  - Any act of damaging honor or interfering with the work of the Company and a third party

  - Any act of disclosing or posting any information of lewd or violent message, online, voice and others against public order and public norm to the Company

  - Any act of using the service for the purpose of profit making without the consent of the Company

  - Other act in breach of any pertinent laws and regulations or regulation set forth by the Company

Article 12 (Relationship Between Connecting “Mall” and connected “Mall”)

1.  In the event that upper “Mall” and lower “Mall” are linked to the hyper-link (for example: for subject of the hyper-link, characters, diagrams and moving pictures are included) method and others, the former is referred to as  the connecting “Mall” (web-site) and the later is referred to as the connected “Mall” (web-site).

2. The guaranteed responsibility on the transactions in the event that it is the connecting “Mall” specified in the pop-up screen of the time to connect or initial screen of the connecting “Mall” for the implication not to bear the guarantee responsibility on transactions engaged with the users under the monetary term and others provided independently by the connected “Mall”

Article  13 (Posted Materials of Members)

All rights and responsibilities on the posted materials that a member posted shall be on the member that posted the materials, and in the event that the Company determines that the contents of the service commenced or registered by the member is applicable to the following matters, the Company may delete it without the advance notice, and on this matter, the Company shall not bear any responsibility whatsoever.

Article  14  (Obligations of the Company)

1. The Company shall be refrained from engaging in any act prohibited by pertinent laws and the Terms and Conditions, or act against the public order or public norm and it shall place the effort with the best effort to provide the service continuously and stably in accordance with matters set forth under the Terms and Conditions.

2. The Company shall be equipped with the security system for protecting the personal information (including the credit information) of users to use the service safely and the Personal Information Handling Policy is notified and complied with.

3. The Company shall comply with the matters of obligation as set forth by the pertinent laws and regulations.

Article 15 (Application to Purchase)

1.  The “Mall” users shall apply to purchase by the following or similar method on “Mall”, and “Mall” shall provide the following contents in more easily understandable terms for user to apply for purchase.

  - Search and selection of monetary term and others

  - Input of receiving person's name, address, TEL number, e-mail address (or mobile phone number), etc.

  - Confirmation on contents related to paying the expenses of contents of Terms and Conditions, service restricted for right to withdraw the subscription, delivery charges. installation expenses, etc.

  -  Any indication to confirm or reject the matters under Sub-Paragraph 3 and agreeing to the Terms and Conditions (for example, mouse click)

  - Application to purchase monetary term and others and its confirmation or agreeing to confirm “Mall”

  - Method of payment method

Article 16 (Consummation of the Agreement)

1.  “Mall” may not consent if it is amount to any of the following regarding the application to purchase as in Article 14.

  - In the event that there is any false information, omission of record, or error in the contents of application

  - In the event that it is considered to have technically conspicuous interference with approving the purchase application for “Mall”

2. The consent of “Mall” is considered to be established with the Agreement at the time it is reached to users in the reception confirming notice type under Article 17 (1).

3. In the indication of intent for the acceptance of “Mall”, it shall include the possible confirmation and sales on the purchase application of user, cancellation to correct the purchase application, etc.

Article 17 (Method of Payment)

1. The proceeds payment method on the monetary term or service purchased by “Mall” may be made by the method available from the following methods. However, “Mall” shall not additionally collect the fees under any name for the proceeds of the monetary term and others on the payment method of users.

  - Various account transfer

  - Online account deposit

  - Proceeds payment on reception

  - Payment by the point paid by “Mall”, including mileage, etc.

Article 18 (Notice to Confirm the Reception, Modification and Cancellation of Purchase Application)

1.  In the event that there is any purchase application by users, “Mall” shall make the notice to confirm reception to the users.

2.  In the event that there is inconsistency and others of the indication of intent for any user that received the notice to confirm reception, it may request for modification and cancellation for the purchase application after receiving the notice to confirm reception, and “Mall” shall process in accordance with the request without delay in the event that there is any request of user prior to the delivery.

However, in the event that the proceeds have been paid, it shall follow the provision on withdrawal of subscription under Article 20.

Article 19 (Supply of Monetary Goods, Etc.)

1.  Unless otherwise having a separate stipulation on the supply period of monetary term and others with the user, “Mall” shall take necessary measure, such as, production, packing and others for delivering the monetary term and others within 7 days from the date of engaging in the subscription. However, in the event that “Mall” already received all or part of the proceeds, such as, monetary term and others, an action shall be undertaken within 3 business days from the date of receiving all or part of the proceeds. At this time, “Mall” shall take property measure to confirm the supply procedure and process matters of monetary term and others by users.

2. “Mall” shall specify delivery means, party paying the delivery expense for each mean, delivery period for each mean and so forth on the monetary term purchased by the user. In the event that “Mall” exceeds the committed delivery period, the damages to the users shall be compensated. However, it shall not be the case in the event that it is proven that “Mall” has no intentional or negligent act.

Article 20 (Refund)

When the monetary term and others applied for purchase by the user are unable to deliver or provide due to out of stock and the like, “Mall” shall notify the cause to the user without delay, and in the event that the proceeds of monetary term and others are received in advance, it shall take the measure to refund or required to refund within 7 business days from the date of receiving the proceeds.

Article 21 (Withdrawal of Subscription, Etc.)

1.  Any user entering into the Agreement on the purchase of monetary term and others with “Mall” may withdraw the subscription within 7 days from the date of receiving the writing on the terms and conditions of the Agreement following Article 13 (2) of the 「Act on the Consumer Protection in Electronic Commerce, Etc.」 (in the event that the supply of monetary term and others is made later than the time of receiving the writing, it means the date of supplying monetary term and others or commencing the supply of monetary term and others). However, in the event that there is any matter set forth differently in the 「Act on the Consumer Protection in Electronic Commerce, Etc.」 regarding the withdrawal of the subscription, the provision of the Act shall be followed.

2. In the event that the monetary term and others is delivered, the user shall not return or exchange in the event that it is applicable to any of the followings.

  - In the event that monetary term and others are lost or damaged by the cause responsible to the user (However, in the event that packing and so forth are damaged in order to confirm the contents of monetary term and others, the withdrawal of the subscription may be undertaken.)

  - In the event that the value of monetary term and others are clearly decreased by the use of user or certain consumption

  - In the event that the value of monetary term and others are conspicuously decreased as to unable to re-sell by the lapse of time

3. For the case of Paragraph 2 (ii), the withdrawal of subscription of the users shall not be restricted if “Mall” specifies the fact of restricting the subscription withdrawal in advance at a place where the consumer may easily find out, or providing the product in use is not made.

4. Notwithstanding the provisions of Paragraph 1 and Paragraph 2, the user may withdraw the subscription within 7 days from the date of supply for the applicable monetary term and others when the contents of the monetary term and others are different from the contents of indication and advertisement or when it is carried out differently from the contract contents.

Article 22 (Effect of Withdrawal of Subscription, Etc.)

1. In the event that the monetary term and others are returned from the user, “Mall” shall refund the proceeds of monetary term and others previously paid within 7 business days. In this case, when “Mall” delays the refund of monetary term and others to users, it shall pay the delay interest calculated by multiplying the delay interest rate set forth under Article 21-2 of the 「Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, Etc.」 regarding the delay period.

2. For the case of withdrawing from the subscription, the expenses required for return of monetary term and others supplied shall be paid by the user. “Mall” shall not claim for penalty or damage compensation based on the withdrawal of the subscription to users. However, in the event that the contents of monetary term and others are different from the contents of indication and advertisement or differently carried out to have the withdrawal of the subscription, the expenses required to return the monetary term and others shall be paid by “Mall”.

3.  In the event that the user pays the delivery expenses when monetary term and others are provided, “Mall” shall clearly indicate for the user to easily know who pays the expenses when withdrawing the subscription.

Article 23 (Provision of Information)

The Company may provide the members with various information acknowledged as needed while using the service by the member by the method of notice, e-mail and so forth. However, members may refuse to receive e-mail and others at anytime with the exception of response to the information and customer inquiry related to the transaction following the pertinent laws.

Article 24 (Projection of personal information)

1. “Mall” may collect minimal personal information within the scope required for the service provision when collecting the personal information of users.

2. When subscribing for membership, “Mall” shall not collect the information required for carrying out the purchase contract in advance. However, it shall not be the case in the event that the minimal specific personal information is collected as the case requiring the personal identity prior to the purchase contract for the performance of obligation of the pertinent laws and regulations.

3. “Mall” shall notify the purpose to the applicable user and obtain the consent when collecting and using the personal information of user.

4. “Mall” shall not use the collected personal information for any other purpose, and in the event that there is new purpose of use, or in the event that it is provided to any third party, the purpose shall be notified to the applicable user to obtain the consent at the phase of use and provision. However, it shall be an exception in the event that there is any matter set forth differently in the pertinent laws and regulations.

5, In the event that “Mall” is required to obtain the consent of the user under Paragraph 2 and Paragraph 3, it shall specify or notify the matters defined under Article 22 (2) of the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.」, such as, personal identity (position, name, TEL and other contact) of the person responsible to protect personal information, purpose of collecting and using the information, matters related to provide the information on a third party (persons provided, contents of purpose to provide, contents of information to be provided) and the like in advance, and the user may withdraw the consent at anytime.

6. A user may request for access and correction of error on the personal information held by “Mall” at anytime, and “Mall” shall have the obligation to take the required measure without delay. In the event that a user requests to correct the error, “Mall” shall not use the applicable personal information until the error is corrected.

7.  “Mall” shall not set for selecting the consent on collection, use and provision of personal information in advance. In addition, the service restricted when rejecting to consent of users regarding collection, use and provision of personal information shall be specified in details, and it shall not restrict or refuse the service provision of membership subscription and others based on refusal of consent of users regarding collection, use and provision of personal information, not as the required category to collect.

Article 25 (Obligation of “Mall“)

1. “Mall” shall not engage in any act barred by laws and regulations and this Terms and Conditions or any act against the public norm, and it shall place its best endeavor to provide the continuous and stable monetary term in accordance with the matters set forth under the Terms and Conditions.

2.  “Mall” shall be equipped with the security system for the personal information (including the credit information) protection of user in order to have the user to use the internet s2 safely and the Personal Information Handling Policy shall be notified and complied with.

3.  “Mall” shall comply with the obligation set forth under the pertinent laws and regulations.

Article 26 (Obligation of Member for ID and Password)

1.  The management responsibility on ID and password shall be on the member, and all civil and criminal responsibilities arising from neglecting the responsibility shall be placed on the member.

2.  A member shall be cause a third party to use its ID and password.

3.  In the event that a member lost its ID and password or in the event that it is perceived that a third party is in use of the same, it shall be notified to “Mall” immediately, and in the event that there is an instruction of “Mall”, it shall be followed.

4.  The responsibility on all adverse consequence arising from a member not notifying or not responding to the measure of the Company following Paragraph 3 shall be on the member.

Article 27 (Obligation of Users)

1. A member shall comply with the matters notified by the Company, such as, pertinent laws and regulations, regulations of the Terms and Conditions, instruction to use and so forth and it shall not engage in any act interfering with other company affairs.

2. A member shall not engage in any of the following matters in relation to the service use.

  - Registration of false contents for applying or modifying

  - Misuse of someone else's information

  - Modification of information posted on “Mall”

  - Forwarding or posting any information (computer program etc) other than information set forth by “Mall”

  - Interference on intellectual property rights, such as, copyright of “Mall” and a third party

  - Any act of damaging honor of “Mall” or a third party or interfering with the work affairs

  - Any act to disclose or post any lewd or violent message, screen message, voice and any other information against the public norm or the like

  - Any act to use service for the profit based purpose without the consent of “Mall”

  - Act in breach of other pertinent laws and regulations or regulation set forth by the Company

Article 28 (Reversion of Copyright and Restriction of Use)

1. The intellectual property rights, including copyright on the work product prepared by “Mall”  shall be reverted to ”Mall“.

2. A user shall not use the information reverted with the intellectual property rights to “Mall” from the information obtained by using “Mall” without the advance consent of “Mall” and allow a third party to use the same for profit-based purpose by reproduction, transmission, publication, distribution, broadcasting and other methods.

3.  In the event that “Mall” uses the copyright belonging to the user in accordance with the stipulation, it shall be notified to the applicable user.

Article 29 (Dispute Resolution)

1. “Mall” shall reflect justifiable opinion or discontent raised by the user and an organization to process the damage compensation shall be installed and operated to compensate the damages.

2. “Mall” shall process the matters with the priority for dissatisfactory matter and opinion submitted by the user. However, in the event that the prompt processing is difficult, the cause and processing schedule shall be notified immediately to users.

3. In the event that there is a petition to relief from the damages of users in relation to the dispute on e-commerce arising between “Mall” and user, it may follow the mediation of the dispute mediation institution that is requested by the Fair Trade Commission, mayor or governor.

Article 30 (Applicable Law and Court of Jurisdiction)

1.  With respect to the interpretation of the Terms and Conditions and dispute between the Company and member, the laws of Korea shall be applied.

2. Any litigation between a member and “Mall” arising from the service use shall be brought to the court of jurisdiction under the Civil Litigation Act.