This Agreement is designed to determine the rights, obligations and necessary matters between the Company and the Members in connection with the use of the Services provided by Jmobile (hereinafter the "Company").
Article 1 (Objective)
The purpose of this Agreement is to set forth the terms and conditions such as rights, obligations, responsibility and other necessary matters between the Company and the Members in connection with the Services provided throughout the wireless communication network by Jmobile (hereinafter the "Company").
Article 2 (Definition of Terminology)
1. For the purpose of this Agreement, the terms used in this Agreement shall have the following meanings:
a. The Company shall mean the Jmobile, business party who provide the Service, and his affiliate.
b. The Service shall mean mobile service, customer support, information supply and related all services provided to Members throughout the website, mobile website, mobile application and other platforms of Company.
c. The Member shall mean the client who conclude the contract of usage with the Company and use the Service provided by the Company in accordance with this Agreement. Unless there is a specific reason, the Company" regards the nominee of a smartphone, tablet, or other terminal using the Service" as the Member. The Market shall mean the applications such as Apple app store, Google Play, or mail order brokerage site or application by which the sales of Paid Service are brokered.
d. The Market shall mean the applications such as Apple app store, Google Play, or mail order brokerage site or application by which the sales of Paid Service are brokered.
e. The Market Business Owner shall means the business ower operating the Market.
f. The Paid Service shall mean various digital contents or related service provided with price by the Company.
2. The definition of Terminology used in this Agreement shall be based on the relative law and other general acts, except defined in article 1.
Article 3 (Provision of company information, etc)
The Company shall publish the following matters to download/sales page of application in the Market, website of the Company(www.jmobile.io), or area such as setting and help in the Service designated by the Company in order that the Members can know easily. However,the Members can see the Privacy and term & conditions throughout the link.
1. Company Name
2. Location address.
3. Email address
5. Terms and conditions of service usage
Article 4 (Specification and Amendment of the Agreement)
1. The Company shall notify the contents of this Agreement to the Members by publishing it to the initial operation screen of the Service and area designated by the Company such as setting and help in the Service of the Company website, so that the Members can know easily.
2. The Company shall create the Agreement understandable easily by the person who want to use the Service (hereinafter the User) , provide the seperated link or popup screen and get consent by user.
3. The Company" may, from time to time, change these Terms and Conditions to the extent that such changes are not inconsistent with applicable laws and regulations in accordance with issuance/amendment of the [Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc ], [Regulation of Adhesion Contract Act], [Act on Promotion of Information and Communication Network Utilization and information Protection, etc ], [the Contents Industry Promotion Act ], other related laws, Instructions, Notice , change of the Market policy and system, if necessary.
4. In the event that the Company change the terms and conditions, the contents of the changed terms and condition and the effective date shall be specified and notified from 7 days (30 days ago or less for the changes of disadvantageous or important matters to the Members) prior to the applicable date, to the expiration of a considerable period after the effective date, using Push Notification, other electrical means or website of the Company.
5. In the event that the Member does not agree to the application of the revised terms and conditions, the Company or the Member may terminate the the Service Use Agreement.
Article 5. ( Rule out of Term and Condition)
The matters not specified in these Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by the relevant laws and regulations such as the [Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc], [Act on Regulation of Terms], [Act on Promotion of Information and Communication Network Utilization and information Protection, etc], [Contents Industry Promotion Act].
Article 6 ( Usage application and Method)
1. Any person who intends to use the Service provided by the Company (hereinafter referred to as the "the User") should read and agree to the term and conditions and apply for use in accordance with the method and procedures set by the Company.
2. The User must apply for use as his/her true information of the person. In the event that the User misrepresent your real name or identification information or steal personal information of another person, the User may not claim the right of the Member under this Agreement, and the Company can cancel or terminate the use agreement without refund.
3. The User shall apply using the mobile device such as smart phone, tablet PC etc. owned by the user. If the User apply using other mobile devices owned by others, the User may have a disadvantage, such as limited use of some Services or deletion of your Services usage records. If the User apply using other mobile devices owned by others, the User may have a disadvantage, such as limited use of some Services or deletion of your Services usage records.
Article 7 (Acceptance and limitation of use application)
1. In the event that the User agrees to the terms of this Agreement and applies for use, the Company shall agrees to apply for the Service usage in the order in which the application is received, unless there is a reasonable reason to refuse the application.
2. The Company may not accept the application for use under any of the following subparagraphs:
a. In case that the Applicant apply for use in violation of Article 7
b. In the event that the Applicant has a history previously lost or limited the Member status under this Agreement .
c. In the event that the Applicant has payment or payments record made by unauthorized use or theft of a third party's credit card, wired / wireless telephone, bank account, etc.
d. In the event that the Applicant apply for the use for the purpose of illegal act prohibited by laws.
e. In addition, In the event that it is judged that the consent is inappropriate in accordance with the reasons under Paragraph 1 or 6.
3. In any of the following cases, the Company may reserve the consent until the cause is resolved.
a. If there is no room in the company's facilities or there is a technical disability.
b. In the event of a failure in the service or a failure of the payment means.
c. In addition, in the event that it is difficult to approve the application for use as a reason for the each of above reasons.
Article 8 (Providing and changing membership information)
1. In the event that the Member have to provide information, the Member shall provide true information to the Company pursuant to this Agreement, and the Member shall not be protected against any disadvantage caused by false information provided.
2. The Member may modify his/her personal information provided. However, personal information such as accounts and terminal information necessary for the provision and management of the Services may not be modified.
3. In the event that any information provided to the Company is changed, the Member shall immediately modify it with the changed information through management page in the Service or the homepage of the Company or the Customer Center. The Company shall not be liable for any disadvantage caused by not informing the Company of any changes.
2. The Company shall not be responsible for any information including account information of the Members disclosed due to the fault of the Member.
3. However, in the event that the Member sets the validity period of the personal information differently according to the procedure set by the Company, the Company shall treats the account of the Member as a dormant account according to the set period.
Article 10 (Duty of the Company)
1. The Company shall comply relevant laws and regulations and shall faithfully perform the exercise of rights and the fulfillment of obligations set forth by these Terms and Conditions.
2. The Company must have a security system to protect personal information so that the Members can use the Service safely.
3. The Company shall not disclose or provide any personal information of the Member to any third party except the case set forth in these Terms and Conditions and Privacy.
4. The Company shall strives to provide a continuous and stable Service. In case that the equipment is damaged or data is lost, we will do our best to repair or restore it, unless there are unavoidable reasons such as natural disasters, emergency situations, defects or faults that can not be resolved by the present technology.
Article 11 (Duty of the Member)
1. The Members should not do the following activities.
a. Submitting and registering by using of the false information or other person’s information when registering or changing the membership of the Member.
b. Interfering with the Service use of other person.
c. Intentional interference with the provision of the normal Service of the Company.
d. Manufacturing, distributing, usage and advertising of programs, devices or devices which are not provided or approved by the Company.
e. Using of any computer program, machine or device which are not provided or approved by the Company, for the purpose of nullifying the technical protection of the Service or interfering with its normal operation.
f. Abusing a bug in the Service or obtaining records in an abnormal way.
g. Doing commercial activities using the Services without the prior consent of the Company.
h. Reproducing of information obtained through the Service, using it for publishing and broadcasting or providing this information to a third party, for the purposes other than the Service usage without prior consent of the Company
i. An act that is objectively determined to be related to a crime.
j. Acts that violate other related laws and regulations.
2. The Member must confirm and comply with these Terms and Conditions, Operational Policy and Notice, etc.
3. The Member should not provivde or rent his or her own mobile phone, tablet PC or other mobile device to any other person in using of the Service. The Company shall not be responsible for any problem that occurs as your terminal is provided, rented to another person, or lost.
4. The Member should set the password function to payment provided in each Market and manage it so that unauthorized payment can not be made.
5. The Company shall not be responsible for any problems that occur due to the failure to set the payment password function.
6. The Company may assign the Service to the Member by issuing an ID in combination with any number or letter in consideration of the characteristics of the device using the Service and the convenience of the Member.
Article 12 (Provision and termination of the Service, etc.)
1. The Service shall be provided for a fixed period of time in accordance with the Company’s businesss instruction. (If there is no other introduction, it is provided 24/7). However, in the event that there is a restriction on the time for the provision of the Service in accordance with the relevant laws and regulations, the Company may limit or change the time for providing the Service without any prior notice, and shall not bear any responsibility for this.
2. Notwithstanding the provisions of Paragraph 1, The Service may not be provided for a certain period of time and the Company shall not have obligation to provide the Sevice during corresponding time, if any of the following subparagraphs is applicable.
a. In case that it is necessary for repairing, replacing, periodical inspection of information and communication equipment such as computer, or revising contents of the Service.
b. In case that it is necessary to cope with electronic intrusion such as hacking, communication accident, abnormal use by the Member, unexpected instability of the Service.
c. In the event that the related law prohibits the provision of the Service at a specific time or in a certain way.
d. In case that the normal Service could not provided due to force majeure, emergencies, blackouts, breakdown of the Service facilities, or excessive use of the services.
e. In the event that the Company is in need of significant management such as division, merger, transfer of business, abolishment of business, deterioration of profit of the service.
3. The Company may modify, suspend or change any or all of the Services provided for free of charge, subject to the Company's policy and operating requirements. Unless otherwise stipulated in the relevant laws and regulations, the Company shall not be liable to the Member for any loss of expected profits, loss of revenue not provided directly by the Company, or any damages caused by modification, suspension or change of the Services provided for free of charge.
Article 13 (Provision of Information)
The Company shall clearly display the following items on the initial screen of the Service, the homepage, and the download / sale page of the application in "Market" so that the Member can easily see.
1. Company name
2. Name of Service
3. Usage level (following to the usage rating policy of each market)
4. Manufacturing date (Updated date if updated)
5. Other matters deemed necessary by the Company
Article 14 (Display of ads)
1. The Company may provide advertising through the Services screen, Push Notification, etc. in connection with the operation of the Service.
2. The Company may display advertisements through banners, PPLs, videos, etc. in Services.
3. The advertisement may be linked with the area and page provided by the third party and in this case, the page is not the Service area of the Company. So, the Company does not guarantee reliability, stability, etc. of the page and does not take responsibility for the damage of the Member caused by it.
Article 15 (Usage products)
1. The Company can provide the Service (hereinafter referred to as the Free Service) which the Member may use without any additional payment and the Service(hereinafter referred to as Paid Services) which the member may use with payment and the Member can select the Service to use.
2. The Company may, without prior notice, discount or adjust the price for use of the existing Paid Service, or may change the content, configuration, etc. of the "Paid Service," or release a new Paid Service and the Company shall not be responsible for any adjustments or changes to the contents of the Paid Services.
3. Paying for the use of the Paid Service may be made by a method predetermined by the Company or by the method specified by the Market Business Owner.
4. In relation to the use of the Paid Services as described in Paragraph 1 above, after applying for the use of Paid Services selected by the Member, the Member must pay the price for using Paid Service
5. The amount of usage of Paid Service depends on the price shown in Service, but the estimated payment amount at the point of purchase and the actual billing amount may be different due to the exchange rate and commission fee.
Article 16 (Cancel of offer etc.)
1. The Paid Services provided by the Company are divided into those that can be cancel and those that are restricted in accordance with related laws such as as the [Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc] and [Contents Industry Promotion Act], etc.
2. In the case of a Paid Service, where the cancel of offer is possible, the Member may request the Company to cancel of offer to the Paid Services that have not been used within 7 days of purchase of the Paid Service.
3. The Member may request of cancel of offer by oral or written (including electronic documents) document, e-mail, etc.
4. If a minor has purchased a Paid Service provided by the Company without the consent of the legal representative, the minor or legal representative may cancel the payment. However, cancellation is limited if the minor is within the range of the property allowed to be disposed of by the legal representative, or if a minor is believed to be an adult by using tricks. Whether or not the purchaser of the Paid Service is a minor shall be judged based on the record of the terminal on which the payment was made, the information of the payment agent, and the name of the payment means. To this end, the Company may require submitting of documents to prove minor and legal representatives as necessary.
5. In the case of a Paid Service provided by the Company with free of charge to the Member or received from another Member as present, it is not subject to cancellation.
Article 17 (Cancel and termination of Membership)
1. The Member may terminate (hereinafter "Membership cancellation") the Service use agreement. If there is no separate membership procedure, the Member can remove the application to cancel the Membership. All usage information is deleted and can not be restored and used.
Article 18 (Compensation)
1. The Company shall not be liable for any damages incurred by the Member with respect to the Services provided by the Company free of charge. However, any damages arising from intentional or material negligence of the Company shall be excluded.
2. In the event that the Member damages the Company in violation of these Terms and Conditions, the Member shall be liable to the Company for the compensation of damages.
Article 19 (Indemnification of the Company)
1. The Company shall be exempt from liability in the event that the Service can not provide due to war period, accident, natural disaster, emergency situations, technical defects that can not be solved by current technology, or other force majeure reasons.
2. The Company shall be exempted from liability for the termination of the Service due to the cause of the Member. In particular, the Company shall not be liable for any loss of data caused by reasons such as device change, number change, application deletion, etc. of the Member in case of "Downloadable Application". In addition, the Company shall not be liable for any loss of data caused by the Member changing the device or number or deleting the application without joining the Platform Service.
3. The Company shall be exempted from liability for any problems arising from the mobile network or mobile device environment of the Member or from problems caused by network environment without intention or serious fault of theCompany.
4. The Company shall not be liable for any loss or damage caused by the selection or use of the service against the Service, nor shall the Company no liability will be waived unless there are intentional or gross negligence.
5. The Member must download the Company's application after carefully reviewing the notices posted on each Market, technical notes for the use of the Company’s application, prices, and cautions. In the event that the Member downloads this application and uses the Services, despite the fact that the terminals owned by the Members are not suitable for the use of the Services provided by the Company in accordance with the marked or announced in each Market, the Company shall not be liable for any use of the Service, including any disruption to the Member, unless there is intent or gross negligence by the Company
6. The Company does not warrant to the User that the Services provided by the Company are free from defects or bugs, meet certain purposes, or infringe on the intellectual property rights of third parties.
Article 20 (Jurisdiction and Governing Laws)
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, and in the event that a lawsuit is filed in dispute between the Company and the Member, the court in accordance with the procedure set forth in the Act shall be the jurisdiction of the court.
Date of announcement : February 07, 2018.
Date of enforcement: February 07, 2018.