Article 1 (Purpose) 

These terms and conditions aim to define the rights, obligations, and responsibilities of the Cyber Mall and its users in relation to the internet-related services (hereinafter referred to as “services”) provided by the ThxKorea Cyber Mall (hereinafter referred to as the “Mall”), operated by ThxKorea Company (an e-commerce business).

 Article 2 (Definitions)

1. “Mall” refers to a virtual storefront set up to enable users to trade goods or services (hereinafter referred to as “goods, etc.”) using computers and other information and communication equipment, provided by ThxKorea Company. It also refers to the business entity operating the Cyber Mall.
2. “User” refers to members and non-members who access the “Mall” and receive services provided by the “Mall” in accordance with these terms and conditions.
3. “Member” refers to an individual who has registered with the “Mall” and is entitled to use the services provided by the “Mall” on a continual basis.
4. “Non-member” refers to an individual who uses the services provided by the “Mall” without registering as a member.

Article 3 (Specification, Explanation, and Amendment of Terms and Conditions)

1. The “Mall” shall post on the initial service screen (front page) of the ThxKorea Cyber Mall for easy user access, details of these terms and conditions, the name of the company and representative, business address (including the address where consumer complaints can be resolved), telephone number, fax number, email address, business registration number, mail-order business registration number, and the personal information management officer. However, the content of the terms and conditions can be viewed by users through a linked screen.
2. The “Mall” must provide separate linked screens or popup screens to ensure that users can understand important information such as conditions for withdrawal of subscriptions, delivery responsibilities, and refund conditions contained in the terms before agreeing to them, and seek confirmation from the users.
3. The “Mall” may amend these terms and conditions within the extent that does not violate related laws such as the “Act on Consumer Protection in Electronic Commerce, Etc.,” the “Act on the Regulation of Terms and Conditions,” the “Electronic Financial Transactions Act,” the “Electronic Signature Act,” the “Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.,” the “Door-to-Door Sales Act,” and the “Consumer Basic Act.”
4. When the “Mall” amends the terms and conditions, it will announce the application date and reason for the amendment along with the current terms on the initial screen of the mall from 7 days before the application date to the day before the application date. However, if the content of the terms is changed unfavorably for the users, it will be announced with at least a 30-day grace period. In this case, the “Mall” clearly compares the content before and after the amendment and displays it in a way that is easy for users to understand.
5. When the “Mall” amends the terms and conditions, the revised terms will apply only to contracts entered into after the date of application, and the terms before amendment will apply as they are to contracts already concluded before this date. However, if a user who has already entered into a contract sends their intention to receive the application of the revised terms to the “Mall” during the notice period of the amendment under paragraph 3 and receives consent from the “Mall,” the revised terms will apply.
6. Matters not specified in these terms and conditions and interpretation of these terms and conditions shall be governed by the “Act on Consumer Protection in Electronic Commerce, Etc.,” the “Act on the Regulation of Terms and Conditions,” consumer protection guidelines in electronic commerce, etc., determined by the Fair Trade Commission, and related laws or commercial practices.

 Article 4 (Provision and Change of Service)

1. The “Mall” performs the following tasks:

1.1. Providing information about goods or services and concluding purchase contracts.

1.2. Delivering goods or services for which a purchase contract has been concluded.

1.3. Other tasks defined by the “Mall”.

1.4. In the event of a shortage of goods or a change in technical specifications, etc., the “Mall” may change the content of the goods or services to be provided in future contracts. In this case, the “Mall” will immediately post the changed goods or service content and the delivery date in the place where the current goods or services are posted.

1.5. If the “Mall” changes the content of the service contracted with the user due to reasons such as the unavailability of goods or changes in technical specifications, it will immediately notify the user at an address where notification is possible.

1.6. In the case of the preceding paragraph, the “Mall” shall compensate the user for any losses incurred. However, this shall not apply if the “Mall” proves there was no intentional misconduct or negligence on its part.

Article 5 (Interruption of Service)

1. The “Mall” may temporarily suspend the provision of services if there are reasons such as maintenance, replacement, failure of computers and other information and communication equipment, or disruption of communications.
2. The “Mall” shall compensate the user or a third party for any damages incurred due to the temporary suspension of the provision of services due to the reasons mentioned in Paragraph 1. However, this does not apply if the “Mall” proves there was no intentional misconduct or negligence on its part
3. If the “Mall” is unable to provide services due to reasons such as a change of business type, abandonment of the business, or merger between businesses, it shall notify the users by the method specified in Article 8 and compensate consumers according to the conditions initially presented by the “Mall.” However, if the “Mall” has not notified the compensation standards, it shall pay the users in kind or cash equivalent to the currency value used in the “Mall,” such as the users’ mileage or points.

Article 6 (Membership Registration)

1. A user applies for membership by expressing their intention to agree to these terms and conditions after filling out member information according to the form set by the “Mall.”
2. The “Mall” shall register the applicant as a member, provided they do not fall under any of the following categories:

2.1. If the applicant has previously lost membership rights in accordance with Article 7, Section 3 of these terms and conditions. However, an exception is made if three years have elapsed since the loss of membership and the person has obtained approval for re-registration as a member from the “Mall.”

2.2. If there are falsehoods, omissions, or errors in the registered content.

2.3. If it is judged that registering as a member would be significantly technically obstructive to the “Mall.”

2.4. The membership contract is established when the “Mall’s” approval reaches the member.

2.5. If there are any changes to the information provided during membership registration, members must notify the “Mall” of the changes within a reasonable period using methods such as modifying the member information.

Article 7 (Membership Withdrawal and Loss of Qualifications, etc.)

1. Members may request to withdraw from the “Mall” at any time, and the “Mall” will immediately process the withdrawal.
2. If a member falls under any of the following reasons, the “Mall” may restrict or suspend their membership:

2.1. If false information was provided at the time of application for registration.

2.2. If the member does not pay the debts they owe concerning the goods, etc., purchased using the “Mall” or other debts related to the use of the “Mall” by the due date.

2.3. If the member interferes with another person’s use of the “Mall” or threatens the order of electronic commerce, such as by stealing information.

2.4. If the member uses the “Mall” to perform acts that are prohibited by laws and regulations or contrary to public order and morals.

    3. If the “Mall” restricts or suspends a member’s qualifications, and the same act is repeated two or more times or the reason is not corrected           within 30 days, the “Mall” may revoke the member’s qualifications.

    4. If the “Mall” revokes membership qualifications, it will cancel the member’s registration. In this case, the “Mall” will notify the member and               provide at least 30 days before the cancellation of membership registration to give the member an opportunity to explain.

Article 8 (Notification to Members)

1. When the “Mall” notifies members, it can do so to the email address previously designated by the member in agreement with the “Mall.”
2. For notifications concerning an unspecified number of members, the “Mall” may substitute individual notifications by posting on the “Mall’s” bulletin board for a period of no less than one week. However, for matters that have a significant impact related to the member’s personal transactions, individual notifications will be made.

 Article 9 (Purchase Application and Consent to Provision of Personal Information, etc.)

1. Users of the “Mall” apply for purchase using the following or similar methods on the “Mall,” and the “Mall” must easily provide the users with the following details when they apply for a purchase:

1.1. Searching and selecting goods, etc.

1.2. Entry of the recipient’s name, address, telephone number, email address (or mobile phone number), etc.

1.3. Confirmation of the terms and conditions, details on the restriction of the right to cancel the purchase, costs related to shipping, installation fees, etc.

1.4. Indication of agreement to these terms and conditions and confirmation or refusal of the details in section 3 (e.g., via mouse click).

1.5. Application for the purchase of goods and confirmation related to this, or consent to the “Mall’s” confirmation.

1.6. Selection of a method of payment.

    2. If the “Mall” needs to provide a third party with the buyer’s personal information, it must inform the buyer and obtain consent regarding 1) the        recipient of the personal information, 2) the purpose for the recipient’s use of the personal information, 3) the items of personal information to        be provided, 4) the recipient’s period of retention and use of the personal information. (The same shall apply if the agreed matters change.)

1. If the “Mall” entrusts a third party with the handling of buyers’ personal information for business purposes, it must notify the buyer and obtain consent regarding 1) the party receiving the entrusted personal information, 2) the content of the business that involves the handling of entrusted personal information. (The same applies if the agreed matters change.) However, if necessary for the performance of the contract regarding service provision and related to the enhancement of buyer convenience, it’s not required to go through the notification procedure and the consent procedure by notifying through the personal information handling policy in the way prescribed by the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.”

Article 10 (Formation of Contract)

1. The “Mall” may not accept the purchase application as per Article 9 if it corresponds to the following subparagraphs. However, in cases of entering into a contract with a minor, it must be notified that the contract can be canceled by the minor themselves or their legal representative if the consent of the legal representative is not obtained.
   
   1.1. If there are falsehoods, omissions, or errors in the application details.
   1.2. If a minor purchases goods or services prohibited by the Juvenile Protection Act, such as cigarettes or alcohol.
   1.3. Other cases where it is judged that accepting the purchase application is significantly impeded technically by the “Mall.”
   The contract is considered to be established at the point when the confirmation of acceptance by the “Mall” reaches the user in the form of a receipt confirmation notice as per Article 12, Paragraph 1.
   The expression of acceptance by the “Mall” must include information concerning the confirmation of the user’s purchase application, the availability for sale, and details about corrections or cancellation of the purchase application.

 Article 11 (Payment Method)

The payment method for goods or services purchased from the “Mall” can be made using any of the following available methods. However, the “Mall” may not charge any fees under any name on the price of goods, etc., for the user’s payment method.

1. Various account transfers such as phone banking, internet banking, and mail banking.
2. Payments by various cards, including prepaid cards, debit cards, and credit cards.
3. Online direct bank transfer (without a bankbook).
4. Payment through electronic currency.
5. Payment upon receipt.
6. Payment using points or mileage provided by the “Mall.”
7. Payment through gift certificates that have a contract with the “Mall” or are recognized by the “Mall.”
8. Other electronic payment methods, etc.

 Article 12 (Confirmation of Receipt, Change, and Cancellation of Purchase Request)

1. When a user makes a purchase request, the “Mall” will notify the user to confirm receipt of the request.
2. Upon receiving the notice, should there be any discrepancies in the user’s intent expressed, the user has the right to immediately request a change or cancellation of the purchase. If the user’s request is made before delivery, the “Mall” must comply without delay. However, if the payment has already been made, the regulations of Article 15 regarding withdrawal of subscriptions and such apply.

 Article 13 (Supply of Goods)

1. Unless there is a separate agreement regarding the delivery time of goods with the user, the “Mall” shall take necessary measures such as order manufacturing, packing, etc., to ensure that the goods can be delivered within 7 days from the date the user has made the subscription. However, if the “Mall” has already received all or part of the payment for the goods, it shall take measures within 3 business days from the day it received all or part of the payment. At this time, the “Mall” shall take appropriate measures to allow the user to check the supply process and progress of the goods, etc.
2. The “Mall” specifies the method of shipment, the bearer of shipping costs per method, and the delivery period per method for the goods purchased by the user. If the “Mall” exceeds the agreed delivery period, it must compensate the user for the damage caused by the delay. However, this does not apply if the “Mall” proves there was no malice or negligence on its part.

Article 14 (Refund)

If the “Mall” is unable to deliver or provide the goods, etc., that the user has ordered due to reasons such as out of stock, it must immediately notify the user of the reason. If payment for the goods, etc., has already been received, the “Mall” must refund the payment or take the necessary measures for a refund within 3 business days from the day the payment was received.

Article 15 (Withdrawal of Subscription, etc.)

1. Users who have entered into a contract with the “Mall” regarding the purchase of goods, etc., may withdraw their offer within 7 days from the date they received the document containing the contract details in accordance with Article 13 (2) of the Act on Consumer Protection in Electronic Commerce, etc. (or, if the supply of goods, etc., occurs later than the receipt of the document, from the day the goods, etc., are supplied or the supply has begun). However, if there are different regulations regarding the withdrawal of offers in the Act on Consumer Protection in Electronic Commerce, etc., those provisions will apply.
2. Users cannot return or exchange the goods, etc., they received if any of the following applies:
3. The goods, etc., have been lost or damaged due to a reason attributable to the user (however, the user may withdraw their offer if the packaging, etc., was damaged for the purpose of checking the contents of the goods, etc.).
4. The value of the goods, etc., has significantly decreased due to the user’s use or partial consumption.
5. The value of the goods, etc., has significantly decreased over time to the extent that resale is difficult.
6. The original packaging of goods, etc., that can be replicated with the same performance has been damaged.
7. In the case of items 2 to 4 in paragraph 2, if the “Mall” did not previously specify that the withdrawal of the offer is restricted in a place easily noticeable by the consumer, or did not provide a trial product, etc., the user’s withdrawal of the offer will not be restricted.
   7.1. Notwithstanding the provisions of paragraphs 1 and 2, if the content of the goods, etc., is different from the displayed or advertised content, or if the contract is performed differently, the user can withdraw the subscription, etc., within 3 months from the date the goods, etc., were received, or within 30 days from the date they knew or could have known the fact.
   

Article 16 (Effects of Withdrawal of Subscription, etc.)

1. When the “Mall” receives the returned goods from the user, it should refund the payment for the goods within three business days. In this case, if the “Mall” delays the refund, it must pay delay interest calculated by multiplying the delay period by the interest rate for delay stipulated in Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc.
2. In refunding, if the user has made the payment for the goods using a method such as a credit card or electronic currency, the “Mall” will request the business that provided the payment method to promptly stop or cancel the charge.
3. In the case of withdrawal of subscription, etc., the user bears the cost necessary for returning the goods received. The “Mall” does not demand a penalty or compensation for damages from the user due to the withdrawal of the subscription, etc. However, if the content of the goods is different from the marked or advertised content, or the contract is fulfilled differently, resulting in the withdrawal of subscription, etc., the “Mall” bears the cost necessary for the return of the goods.
4. If the user has paid the shipping cost when receiving the goods, the “Mall” clearly indicates who will bear the cost in the event of a withdrawal of subscription, making it easily understood by the user.

 Article 17 (Protection of Personal Information)

1. The “Mall” collects the minimum personal information within the range necessary for providing services when collecting personal information from users.
2. The “Mall” does not pre-collect information necessary for fulfilling purchase contracts at the time of membership registration. However, this does not apply in cases where it is necessary to collect specific minimum personal information for identity verification before the purchase contract due to the obligation to comply with relevant laws.
3. The “Mall” will notify the user of the purpose for which the personal information is collected and used and obtain consent during the collection and use of the user’s personal information.
4. The “Mall” cannot use the collected personal information for purposes other than those specified, and if a new purpose of use arises or it is provided to a third party, it will notify the user of this purpose and obtain consent at the stage of use or provision. However, exceptions are made if otherwise stipulated in relevant laws.
5. When the “Mall” is required to obtain user consent under paragraphs 2 and 3, it must pre-specify or notify matters stipulated in Article 22, Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., including the identity of the personal information manager (affiliation, name, phone number, and other contact information), purpose of collection and use of information, and matters related to information provision to third parties (recipient, purpose of provision, and content of information provided). Users may withdraw this consent at any time.
6. Users may request access to and correction of errors in their personal information held by the “Mall” at any time, and the “Mall” is obliged to take necessary measures without delay. If a user requests correction of an error, the “Mall” will not use the personal information in question until the error is corrected.
7. The “Mall” shall limit the handling of users’ personal information to the minimum number of people necessary for the protection of personal information and shall bear all responsibility for any loss, theft, leak, provision to third parties without consent, or alteration of users’ personal information, including credit cards and bank accounts.
8. The “Mall” or any third party that has received personal information from it shall destroy that personal information without delay when the purpose of collection or the purpose for which it was received has been achieved.
9. The “Mall” does not preset the consent section for the collection, use, and provision of personal information. It specifies the services restricted upon refusal of consent to the collection, use, and provision of personal information and does not limit or refuse service provision, such as membership registration, due to the user’s refusal of consent to the collection, use, and provision of personal information that is not mandatory.

Article 18 (Obligations of the “Mall”)

1. The “Mall” shall not engage in any activities prohibited by the laws and regulations or contrary to public order and morals and shall do its best to provide goods and services continuously and stably in accordance with the terms set out in these terms and conditions.
2. The “Mall” is required to equip a security system to protect users’ personal information (including credit information) so that users can use internet services safely.
3. If the “Mall” causes damage to the user by engaging in unfair labeling or advertising of goods or services as stipulated in Article 3 of the “Act on the Fairness of Labeling and Advertising,” the “Mall” is responsible for compensating for this damage.
4. The “Mall” shall not send commercial advertising emails that the user does not want for profit-making purposes.

Article 19 (Member’s Obligations for ID and Password)

1. Except as provided in Article 17, the responsibility for the management of IDs and passwords lies with the member.
2. Members must not allow their ID and password to be used by third parties.
3. If a member realizes that their ID or password has been stolen or is being used by a third party, they must immediately notify the “Mall” and must comply with any instructions provided by the “Mall.”

Article 20 (Obligations of the User) Users must not engage in the following actions:

1. Registering false information during the application or modification process.
2. Stealing someone else’s information.
3. Altering information posted on the “Mall.”
4. Sending or posting information other than what is determined by the “Mall” (e.g., computer programs).
5. Infringing on the intellectual property rights, such as copyright, of the “Mall” or any other third party.
6. Actions that defame the honor of the “Mall” or any other third party or interfere with their work.
7. Posting or disclosing any obscene or violent messages, images, voices, or any other information contrary to public morality on the mall.

Article 21 (Relationship Between the Linking “Mall” and the Linked “Mall”)

① If a superior “Mall” and a subordinate “Mall” are connected through a hyperlink method (e.g., objects of the hyperlink include text, pictures, and moving images, etc.), the former is referred to as the linking “Mall” (website), and the latter is referred to as the linked “Mall” (website).

② The linking “Mall” does not guarantee the transactions with users performed by goods, etc., provided independently by the linked “Mall”, and is not responsible for any warranty liability for those transactions, provided that it specifies this disclaimer on the initial screen of the linking “Mall” or through a popup screen at the time of the link, indicating that it does not bear any guarantee responsibility for the transaction.

Article 22 (Ownership and Restriction of Use of Copyrights)

① The copyright and other intellectual property rights for the works created by the “Mall” are attributed to the “Mall.”

② Users must not use the information obtained by using the “Mall,” which is subject to the intellectual property rights of the “Mall,” for commercial purposes through reproduction, transmission, publication, distribution, broadcasting, or other methods, or allow third parties to use such information without the prior consent of the “Mall.”

③ The “Mall” must notify the user if it uses the copyrights belonging to the user in accordance with the agreement.

Article 23 (Dispute Resolution)

① The “Mall” establishes and operates a damage compensation organization to reflect legitimate opinions or complaints raised by users and to compensate for any damages.

② The “Mall” shall prioritize handling complaints and suggestions submitted by users. However, if prompt processing is difficult, the “Mall” will immediately notify the user of the reason and the expected schedule for resolution.

③ In the event of an e-commerce dispute between the “Mall” and the user, if there is a request for damage relief from the user, it may be settled in accordance with the mediation of dispute resolution agencies commissioned by the Fair Trade Commission or the governor of a city or province.

Article 24 (Jurisdiction and Governing Law)

1. Any lawsuit regarding e-commerce disputes arising between the “Mall” and the user shall be governed by the user’s address at the time the lawsuit is filed, and in the absence of such address, the competent local court overseeing the residence shall have exclusive jurisdiction. However, if the user’s address or residence is not clear at the time of the lawsuit, or if the user is a foreign resident, the lawsuit will be filed with the court having jurisdiction under the Civil Procedure Law.
2. South Korean law shall apply to e-commerce lawsuits filed between the “Mall” and users.