TERMS AND CONDITIONS OF SERVICE

 

Chapter 1. General Provisions

 

 

Article 1 (Purpose)

 

Your use of and access to the website and products and services and associated software (collectively the "Services”) of ZEP Co., Ltd. and its affiliates (hereinafter referred to as "the Company") regarding the use of teleconferencing and other ancillary services provided through PC, mobile and other devices and the accompanying networks, websites and other services, shall be conditioned upon the Customer’s compliance with and acceptance of these Terms and Conditions (these “Terms”).

 

 

Article 2 (Definition of Terms)

 

1. Definitions of Terms used in these Terms are as follows.

 

(1) "Company" shall have the meaning in Article 1.

 

(2) "Customer" means a person who uses the Services in accordance with the terms of these Terms.

 

(3) “Device” refers to a device that is used to access the Service, such as a personal computer, mobile phone, smart phone, PDA, and/or tablet PC.

 

(4) “Account Information” includes information relating to the Customer including but not limited to the Customer’s account number, external account information, device information, nickname, profile picture, friends list, usage information, billing information and payment history.

 

(5) "Content" means any content created by the Company in connection with the Services.

 

(6) "Open Market" means an e-commerce environment established to access and (if applicable) make payments for Content.

 

(7) "Application" means all programs downloaded or installed through a Device to access the Services.

 

 

2. Except as defined in clause 1 of this Article, the definitions of terms used in these Terms and Conditions shall be governed by the applicable laws and service-specific policies.

 

 

Article 3 (Providing Company Information, etc.)

 

The Company shall display the following items on the Service platform. Additionally, Customers will be subject to the Company’s Privacy Policy, which is incorporated by reference into these Terms.

 

(1) Name of the Company and its representative

 

(2) Address of the place of business

 

(3) Telephone number, e-mail address

 

(4) Business registration number

 

(5) Telecommunication business notification number

 

(6) Privacy Policy

 

(7) Terms and Conditions

 

 

Article 4 (Effect and Change of Terms)

 

1. The Company will post the contents of these Terms on the Service platform. Important terms such as discontinuance of Service, refund policy, withdrawal or termination of contracts, and indemnity provisions will be displayed in bold and/or color for ease of reference.

 

2. If the Company revises the terms of these Terms, the Company will notify Customers at least 7 days in advance of the application date. If the amendments are disadvantageous to the Customer or is material in nature, Customers shall be notified at least 30 days in advance of the application date pursuant to Article 20(1). In this case, the amended provisions will be clearly displayed for ease of reference.

 

3. Following any revisions of these Terms, if the Customer continues to use the Services, then the Customer is deemed have accepted the revised terms. If the Customer disagrees with the revised terms, then the Customer must notify the Company prior to the amendment application date, and the Company or Customer may terminate the use of the Service and these Terms.

 

4. The Company will take measures to enable the Customer to inquire regarding these Terms.

 

5. The Company shall comply with the provisions of the Act on the Protection of Consumers in Electronic Commerce and the Law on the Regulation of the Terms of Use, Personal Information Protection Act, the Act on Information Network Utilization and Information Protection, Content Industry Promotion Act and other applicable laws and regulations.

 

 

Article 5 (Use of the Service)

 

1. By using the Services, the Customer is deemed have accepted terms of these Terms.

 

2. If the Customer accesses the Service through a social networking service (such as Facebook) (hereinafter referred to as "SNS"), the Customer must comply with the SNS terms of service as well.

3. If the Customer disagrees with these Terms, the Customer must terminate the use of the Service.

 

4. If the Customer is forbidden from using the Services under the applicable laws and regulations, then such Customer’s consent to the these Terms shall be void and null.

 

5. The Customer must certify that he/she is 13 years of age or older and understand and agree to these Terms.

 

6. If the Customer is a minor, then the Customer must certify that his/her legal guardian has reviewed and agrees to these Terms.

 

 

Article 6 (Applicable Regulations)

 

The matters not specified in these Terms and the interpretation of these Terms shall be conducted in a manner consistent with the applicable laws and ordinances including the Act on the Protection of Consumers in Electronic Commerce and the Law on the Regulation of the Terms of Use, Personal Information Protection Act, the Act on Information Network Utilization and Information Protection, Content Industry Promotion Act.

 

 

Article 7 (Operational Policy)

 

1. The Company may establish a detailed operational policy (the "Operational Policy") to apply the provisions in these Terms.

 

2. If an Operational Policy is established, the company will publish the Operational Policy on the Service platform.

 

3. Any amendments to the Operational Policy shall be published in accordance with Article 4(2); provided that any amendments falling within the below scope shall be published pursuant to the preceding clause 2:

 

(1) Amendments of matters specifically delegated to the Operational Policy pursuant to these Terms

 

(2) Amendment of matters not related to the Customers’ rights and obligations

 

(3) Amendment of matters materially in line with these Terms and in accordance with the ordinary scope of business as expected by the Customers

 

 

 

 

Chapter 2. Personal Information Management

 

 

Article 8 (Protection and Use of Personal Information)

 

1. The Company will endeavor to protect the personal information of the Customer as stipulated by the applicable laws and regulations, and shall be conducted as per the Company’s Privacy Policy. Customers understand and agree that any service not directly offered by the Company shall not fall within the scope of the Company’s Privacy Policy.

 

2. Depending on the nature of the Service, the Company may disclose information unrelated to the Customer’s personal information, such as nicknames and character pictures / status information.

 

3. The Company shall not provide the Customer's personal information to third parties without consent; provided that the Company may do so if requested in accordance with the applicable laws and regulations by the governmental authorities.

 

4. The Company shall not be liable for any damages arising from personal information breaches due to the Customer's fault.

 

 

 

 

Chapter 3. Obligations of the Parties

 

 

Article 9 (Company Obligations)

 

The Company agrees to comply with the provisions in these Terms and the applicable laws and regulations in good faith.

 

The Company will have in place an adequate security system to protect the personal information (including credit information) of the Customers. The Company will not disclose or provide any personal information of the Customer to any third party except as set forth in these Terms.

 

Barring acts of god such as fire, flood, earthquake, power outage and defects or issues which cannot be resolved by current technology, the Company will use its good faith efforts to maintain Service equipment and fix any issues thereof.

 

 

Article 10 (Customer Obligations)

 

Customers shall not engage in any of the following activities relating to the use of Services.

 

1. Falsifying or otherwise providing misleading information during account creation, Customer account information update and/or use of the Services.

 

2. Acquiring, selling, transferring or otherwise using digital assets (ID, characters, items, Content, points, etc.) in a manner prohibited by the Company.

 

3. Impersonating the Company employee or operator; engaging in activities such as posting or sending e-mails in another person’s name; pretending to be someone else and/or falsifying the relationship with another person.

 

4. Buying paid Content using someone else’s credentials, including but not limited to stolen credit card, mobile device, bank account, other Customer's ID/password.

 

5. Unauthorized collection, storage, publication and/or dissemination of other Customers' personal information.

 

6. Engaging in or inducing gambling; exchanging or publishing obscene or vulgar information (including but not limited to words, sounds, images and weblinks).

 

7. Using the Service for any purpose other than its original use, including not limited to: for profit, sales, advertising, publicity or political activities.

 

8. Unauthorized reproduction, distribution, promotion, or commercial use of information obtained through the use of the Services; or exploitation of known or unknown bugs.

 

9. Acts that take advantage of others through deception, or acts which otherwise cause damage to others in connection with the use of Services.

 

10. Acts that infringe intellectual property rights or image rights of the Company or others; acts that damage the reputation of others.

 

11. Deliberate transmission or distribution of viruses, computer codes, files, programs, etc., which intend to interfere with or destroy the operation of computer software, hardware or telecommunication equipment.

 

12. Modification of the Application or the Service platform without the consent of the Company; addition or insertion of other unauthorized programs into the Application or the Service platform; hacking or reverse engineering of the Service platform and related servers; leaking or alteration of the Service source code or application data; impersonating a company through arbitrarily changes or stealing any part of the Company and Service related websites.

 

13. Activities deemed improper by the Company relating to the Service; abuse of the Company’s customer support services.

 

14. Use of any exploits, automation software, hacking programs, or other unauthorized third party software designed to alter or interfere with the Service; changes to any part of the Services without the Company’s consent.

 

15. Overloading, interfering with, or otherwise aiding or abetting such activities on computers, servers or other infrastructures used to provide or support the Service.

 

16. Initiate, support, or engage in any offensive conduct including, but not limited to, the distribution of viruses, denial of service attacks, or any other activity that interferes with the use of the Service or the services of a third party relating to the Services.

 

17. Attempts to gain unauthorized access to an account, server or network relating to the Service using a method other than the user interface provided by the Company (including but not limited attempts to breach, alter or otherwise circumvent software or hardware security as well as assisting any such attempts).

 

18. Posting of information that is abusive, threatening, lewd, defamatory or libelous of others, or information that is unreasonable or offensive for racial, gender, religious or other reasons.

 

19. Posting of information (or links to such content) that include nudity, excessive violence or offensive topics.

 

20. Acts or attempts that mislead, harass or harm employees of the Company, including but not limited to the Company's customer service representatives.

 

21. Acts that infringe the copyrights, trademarks, patents, trade secrets, privacy rights or other information of any third parties; and acts that purport to impersonate another person (including but not limited to employees of the Company).

 

22. Acts or attempts that purport to gain personal information of others (which include identity information and financial information, whether in the form of text, images, or video); or attempts to obtain or disseminate personal information of others.

 

23. Acts which contravene the provisions in these Terms or are otherwise deemed illegal or improper in the Company’s discretion; acts which the Company has reasonable grounds to suspect the foregoing.

 

24. Any other violation of applicable laws and regulations.

 

Customers are responsible for the safekeeping of their Customer accounts and Devices, and are prohibited from letting others use their accounts. The Company shall not be liable for any damage caused by the mismanagement of the Device or the Customer account.

 

The Company reserves the right to decide, in its discretion, whether any act which contravenes the provisions of these Terms. If the Customer disagrees with such decisions, then the Customer may appeal in accordance with Article 19 of these Terms.

 

The Company has the right to take any necessary action in accordance with Article 17 if an act is determined to be in contravention of these Terms per the preceding clause.

 

 

 


Chapter 4. Service Usage and Restrictions

 

 

Article 11 (Provision of Services)

 

1. The Company shall make the Service available to each Customer who complies with Article 5; provided that some portions the Services may have a designated service start date, which shall be notified to the Customer.

 

2. The Company may provide Customers with any additional services expanding beyond the basic Services described herein.

 

3. The Company may classify Customers and provide differentiated scope of Service, including but not limited to usage time, frequency of access, and range of functionalities.

 

 

Article 12 (Use of Services)

 

1. Services are provided in accordance with the Company's operational policies. To the extent necessary, the Company shall notify the Customers regarding the service hours in an appropriate manner.

 

2. Notwithstanding the preceding clause 1, the Company may suspend all or part of the Services in the cases described below. In such cases, the Company will notify the cause and the duration of the suspension to the Customers; provided that notification may occur afterwards during circumstances where advance notification is not feasible:

 

(1) When it is necessary for system operation, including periodic system checks, expansion and replacement of servers, addressing unstable network situations.

 

(2) If Service cannot be provided due to issues including power outage, service equipment failure, excessive use of the Service , repair or maintenance by telecommunication service providers.

 

(3) because of acts of god such as fire, flood, earthquake, power outage and defects or issues which cannot be resolved by current technology.

 

3. The Company may provide the Services using dedicated Applications or networks for Devices. Customers may download and install Applications or use the network for free or for a fee, as applicable.

 

4. Paid Contents can be used by paying the specified rate for such Service. If the Customer downloads Applications or uses such Services over the mobile carrier network, the Customer may incur additional charges set by the mobile carrier.

 

5. For applications that are downloaded and installed or used over a mobile carrier network, background operations may occur. In this case, there may be additional charges depending on the mobile carrier, for which the Customer is responsible.

 

 

Article 13 (Change and Termination of Service)
 

1. In order to provide a smooth service, the Company may make changes to the Service according to the operational or technical needs and notify the Customers regarding such changes in advance. However, if such changes (1) are minor in nature, (2) are related to addressing bugs, errors, etc., or (3) are emergency updates, then notifications can be made afterwards.

 

2. The Company may suspend or terminate all Services for reasons such as business transfer, corporate acquisition or merger, termination of Service due to related contractual obligations, or deterioration of Service profitability. In such cases, the Company will notify each Customer regarding the termination at least 30 days’ advance notice on the Service platform and, if the Customer has provided email address, then via email as well.

 

3. In the case of the preceding clause 2, the Company shall refund any paid Content/subscription which otherwise has not been used, in accordance with Article 23.

 

 

Article 14 (Collection of Information)

 

1. The Company may store and keep usage history, and may review this information for the purposes of dispute settlement among Customers, processing of complaints, or Service maintenance. Third parties may also review the information to the extent expressly authorized by applicable laws to do so.

 

2. The Company may collect and use Customers’ device information (setting, specification, operating system, version, etc.) to ensure a smooth and stable operation of the Service as well as improvements thereof.

 

3. The Company may request additional information from Customers for the purpose of introducing and improving Services. If the Company makes such request, the Customer will be able to accept or deny the request.

 

 

Article 15 (Provision of Advertisement)

 

1. A portion of the Service revenues may be derived from advertising. Customers agree that when they use the Service that they may be exposed to advertisements. The Company shall not be liable for any loss or damage which may arise from Customers’ participation in or communication with the advertiser’s promotional activities posted on the Service platform.

 

2. The Company may place advertisements within the Service platform in connection with the operation of the Services. To the extent the Customer has agreed, the Company may send advertisements via e-mail, push notification, etc. The Customer can choose to refuse such advertisements at any time.

 

3. Customers may be linked to third party advertisements or services through banners or links within the Services.

 

4. In the event that an advertisement or service provided by a third party is linked to the Customer in accordance with the preceding clause 3, the Customer understands that such service or advertisement is not provided by the Company, and accepts that the Company does not guarantee reliability or stability thereof and the Company shall not be liable for any damages arising out of them unless such damages arise due to the company’s gross negligence or willful misconduct.

 

 

Article 16 (Ownership of Copyright, etc.)

 

1. Copyright and all intellectual property rights relating to all Content shall belong to the Company.

 

2. Customer shall not use, duplicate, transmit or otherwise use (including but not limited to edits, publication, performance, distribution, broadcasting, and creation of derivative works) the information (including any intellectual property) obtained from the Service for commercial purposes without prior consent of the Company or the original provider of such information.

 

3. Regarding any communications, chats, text, images, sound, and any materials and other information uploaded to or displayed by the Customer on the Service platform ("User Generated Content"), the Customer agrees that the Company shall have the license to use such User Generated Content as deemed necessary by the Company (including but not limited to the use, storage, modifications, public display or dissemination thereof) in accordance with the applicable intellectual property laws. The Customer can revoke such license at any time by contacting customer support or contacting the Company pursuant to Article 19 of these Terms and request the removal of such User Generated Content.

 

4. The Company may remove, delete or refuse to register any information posted or transmitted by the Customer which contravenes Article 10(1) in the Company’s discretion and provide notice thereof to the Customer following such actions.

 

5. Any Customer whose legal interest is infringed upon due to information posted on the Service platform may request the Company to remove such information and the Company shall promptly take necessary measures and notify the Customer thereof.

 

6. This clause is valid until the termination the Service and will continue to apply even after the Customer terminates the account on the Service platform.

 

 

Article 17 (Service Restriction)

1. The Customer shall not engage in any activity in contravention of Article 10, and in case of such conduct, the Company may take necessary measures including but not limited to the restriction or deletion of the Customer account, and/or removal of information related to the said activities. For avoidance of doubt, this right does not otherwise limit the Company's other rights or remedies. As a result of the Company’s actions, the Customer may lose various privileges including but not limited to the Customer's user name, character, items (purchased or otherwise acquired) and any other benefits, and the Company shall not be liable for any direct or indirect damages arising thereunder. Examples of restrictions include:

 

(1) Partial Restriction: Restrict chatting privileges for a set period of time.

(2) Character Restrictions: Restrict the use of Customer’s characters on a temporary or permanent basis.

(3) Account Restriction: Restrict the use of Customer’s current Service account on a temporary or permanent basis.

(4) Customers Restrictions: Restrict the use of Service by the Customer on a temporary or permanent basis.

 

2. If the use restrictions set forth in the preceding clause are justified, the Company shall not be liable for any direct or indirect damages incurred by such restrictions.

 

3. The Company may suspend the use of the Service until the investigation of each of the following cases is completed.

 

(1) the Company received a legitimate report that the Customer’s account was hacked or stolen;

 

(2) there are reasons to suspect acts in contravention of these Terms, such as use of an illegal program; or

 

(3) if provisional restrictive measures are necessary for other reasons.

 

4. After the investigation in accordance with the preceding clause 3 is completed, if the Company concludes that the restrictive measures were justified, no compensation shall occur. If the Company concludes otherwise, then the Company will extend any time-dependent subscription services or provide other compensatory measures, as the case may be.

 

5. The Company reserves the right to discontinue all or part of the Service at any time, and the Customer’s license to use the Service or any applicable portion thereof shall automatically terminate. In such cases, the Company shall not be responsible for refunding or otherwise compensating the Customer. The termination of the Customer’s account may also include disabling access to the Service or any portion thereof (including any Content submitted by the Customer).

 

6. The Customer acknowledges and accepts that the Customer does not have ownership or any other proprietary interest in the Customer account. The Customer further acknowledges and accepts that the Customer account may not be transferred without prior consent of the Company.

 

7. The Company reserves the right to own, license and otherwise use all Content on any of the services or products provided by the Company. In no event shall the Customer have any ownership of any Content provided on the Service (including any virtual goods or digital assets, whether purchased or otherwise acquired) arising out of or in connection with the Service.

 

 

Article 18 (Restriction Procedures)

 

1. The Company may implement restrictive measures based on the content, degree, frequency, and severity of the prohibited acts.

 

2. In the event that the Company implements restrictive measures with respect to the Customer, the Company shall notify the Customer of the following information:

 

(1) Reason for use restriction

(2) Type and duration of use restriction

(3) How to appeal the use restriction

 

 

Article 19 (Appeal Procedure)

 

1. If the Customer disagrees with the Company’s restrictive measures, an appeal must be submitted to the Company by e-mail (or a similar method) within 14 days from the date of notification of the restrictive action. Appeal emails should be sent to: hello@zep.us.

 

2. The Company shall respond within 15 days from the date of receipt of the appeal via mail or e-mail; provided that if it is impractical to respond within the aforementioned period, the Company shall notify the reason for the delay and the processing schedule.

 

3. The Company will take remedial action if the reason for the appeal is justifiable.

 

 

 

 

Chapter 5. Withdrawal of Subscription, Refund of Overtime and Termination of Use Contract

 

 

Article 20 (Purchase)

 

1. The Customer may be able to purchase (a) virtual assets ("Assets”) to be used on the Service platform and/or (b) any other products or services ("Goods”), as the case may be.

 

2. The Company may manage, regulate, control, modify and/or remove Assets and/or Goods at any time with notice. If the Company exercises these rights, the Company shall not be liable for any damages to the Customer or any third party unless damages arise due to the Company’s gross negligence or willful misconduct.

 

3. Unless expressly permitted, the Customer shall not sell, exchange or otherwise transfer Assets or Goods to any other person or entity.

 

 

Article 21 (Payments)

 

  1. Payment procedures for any paid Content will be made in accordance with the applicable open market rules, subject to any necessary adjustments per the applicable laws and regulations.
  2. The Customer understands that the actual fees charged may differ from the displayed amount if a payment is made via foreign currency due to foreign exchange rates and/or applicable fees.

 

 

Article 22 (Withdrawal of Subscription)

 

1. The Customer who has entered into a contract with the Company for the purchase of paid Contents may withdraw (without any fees or penalties) from such contract within 7 days from the latter of (1) the date of purchase and (2) the date the Content is made available. However, the Customer cannot cancel any purchase contracts if: (a) the Customer has used or partially consumed the Content or (2) the Content was received free of charge from the Company or a third party.

 

2. The Customer may not request cancellations for any contract for paid Content for the following cases; provided that if the paid Content is divisible, then the Customer may still request cancellations for the unused portions thereof:

 

(1) paid Content that is used or applied immediately upon purchase;

 

(2) where an additional benefit is provided, such benefit was used;

 

(3) content that can be viewed as being used as soon as they are opened or its utility is determined upon opening;

 

(4) content which was acquired without payment during normal use of the game;

 

(5) content acquired through in-game events; or

 

(7) for items sold in bundled form.

 

3. In the case of Content that cannot be cancelled in accordance with the preceding clause, the Company shall clearly display such remark so that the Customers can easily identify them as such, and either (1) provide a trial period for such paid Content or, (2) where trial period is not feasible, provide information about the paid Content. If the Company does not take such action, the Customer may request cancellation of the paid Content notwithstanding the preceding clause.

 

4. Notwithstanding the preceding clauses 1 and 2, if the information relating the paid Content was misrepresented, then the Customer may request cancellation prior to the latter of (1) 3 months from the date such Content was made available for use and (2) 30 days from the date the Customer knew or should have known such misrepresentation.

 

5. If the Customer cancels the contract for a paid Content, the company will verify the purchase history through the applicable platform operator or open market operator. The Company may also contact the Customer and request further information to ascertain the reason and justification for the Customer’s cancellation.

 

6. If a cancellation is made pursuant to the preceding clauses, the Company will reclaim the paid Content and refund the payment within 3 business days. If the Company delays the refund, the Company shall pay the applicable interest calculated in accordance with the Consumer Protection Act for Electronic Commerce etc. and Article 21-3 of the Enforcement Decree of the same act.

 

7. If a minor conducts a purchase, the Company shall notify the minor or the legal representative that they may cancel the contract. If, however, (1) if a minor made a purchase using means within a scope consented by the legal representative, or (2) if the minor misrepresented him or herself to be an adult or to have the legal representative’s consent, then the paid contract is ineligible for cancellation.

 

8. The Company will review the device information, payment info and the payor credentials to determine whether the party to the paid Content contract is a minor. In addition, the Company may request submission of additional documents to prove that he or she is a minor or the applicable legal representative.

 

 

Article 23 (Refund of Overpayment)

 

1. The Company will reimburse the Customer for any applicable overpayment. However, if the overpayment is caused by reasons other than the Company’s gross negligence or willful misconducts and due to the Customer's negligence, then the Customer shall be liable for the Company’s out-of-pocket cost associated with processing the refund.

 

2. Payment through the Application will be subject to the applicable payment method provided by the open market operator, and any refund request relating to the overpayment should be made directly to the operator.

 

3. With respect to the applicable refund, any fees charged by the network carrier (such as call charges, data usage charges, etc.) may be excluded from the refund.

 

4. The refund will be based on the refund policy of each open market operator or company depending on the operating system of the Device using the service.

 

5. The Company may contact the Customer using the information provided by the Customer to process the applicable refund and may request any additional relevant information. The Company will refund the Customer using the same payment method used by the Customer.

 

 

Article 24 (Payment of Fees)

 

Customer agrees to pay all costs and any applicable taxes incurred in connection with using the account. The Company may modify the prices of any paid Content offered through the Service at any time upon notice. The Customer agrees that when the Customer account is voluntarily or involuntarily closed, then the Customer will not receive cash or any other compensation for unused Assets or Goods.

 

 

Article 25 (Termination of Use)

 

1. The Customer can terminate use by choosing to close the Customer account. Any Service usage history and information be deleted and cannot be recovered.

 

2. The Company may, if the Customer acts in contravention of these Terms or engages in activities otherwise prohibited per the applicable policies or regulations, suspend or terminate the Customer account upon prior notice of the applicable suspension or termination date.

 

3. Refunds and damages in connection with the preceding clauses 1 and 2 shall be made in accordance with the Guidelines for the Protection of User Content.

 

4. In order to protect the personal information of the Customer who has not used the Services for 365 consecutive days (hereinafter referred to as "Dormant Account"), the Company may terminate the Dormant Account and proceed to removal of personal information. In this case, the Company shall provide the Customer 30 days’ prior notice.

 

 

 

 

Chapter 6. Indemnity and Disclaimer

 

Article 26 (Compensation for Damages)

 

1. The Company shall be liable for any damages borne by the Customer if such damages arise due to its gross negligence.

 

2. The Customer shall be liable for any damages borne by the Company if such damages arise due to acts in contravention of these Terms; provided that the Customer shall not be liable for the portion attributable to the Company’s gross negligence.

 

3. The Customer shall indemnify the Company for any damages or liability arising from the Customer’s acts in contravention of these Terms or illegal in nature. If the Company fails to be indemnified, then the Customer shall be liable for any damages or liability borne by the Company; provided that the Customer shall not be liable for the portion attributable to the Company’s gross negligence.

 

4. If a Customer (the “Provider”) provides Assets or Goods on the Service platform and such Assets or Goods cause damage to another Customer, then the Provider shall be liable for any damages borne by the Customer; provided that the Provider shall not be liable for the portion attributable to the Company’s gross negligence.

 

5. In the event that the Company has entered into an agreement with a third party service provider to provide certain services, then any damages to the Customer shall be borne by the applicable third party service provider; provided that (1) the Customer has consented to the applicable third party service provider’s terms of use and (2) the damages arise from third party service provider’s gross negligence or willful misconduct.

 

 

Article 27 (Force Majeure)

 

In no event shall the Company be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

 

Article 28 (Indemnification)

 

1. The Company shall not be liable any failure or delay in the performance of its obligations hereunder arising out of or caused by acts of god in accordance with Article 27.

 

2. The Company shall not be liable for any failure or delay in the performance of its obligations hereunder caused by reasons such as repair, replacement, periodic inspection, construction, etc. of the service equipment, unless they are due to the Company’s gross negligence or willful misconduct.

 

3. The Company shall not be liable for any failure or delay in the performance of its obligations hereunder due to the Customer’s negligence or willful misconduct; provided that this shall not be the case if the Customer has a justifiable ground.

 

4. The Company shall not be liable for the reliability or accuracy of the information or materials posted by a Customer in connection with the Service, unless they are due to the Company’s gross negligence or willful misconduct.

 

5. The Company shall have no obligation to intervene in any transactions or disputes arising out of or through the Service with among Customers, and shall not be responsible for any damages arising thereunder.

 

6. The Company shall not be liable for any damages incurred by Customers in connection with the use of the Services provided free of charge, unless they are due to the Company’s gross negligence or willful misconduct.

 

7. The Company shall not be liable for any loss or loss of benefits that the Customer expects to receive from the Service.

 

8. The Company shall not be liable for any unauthorized third party payment that occurs because the Customer fails to manage the Device credentials or any applicable password provided by the open market operator, unless they are due to the Company’s gross negligence or willful misconduct.

 

9. The Company shall not be liable for any loss of Content or loss of access to any functions provided in the Service due to the Customer’s change of Device, mobile device number, operating system (OS) version, etc., unless they are due to the Company’s gross negligence or willful misconduct.

 

10. The Company shall not be liable for any removal or deletion of Content or Customer account information by the Customer, unless they are due to the Company’s gross negligence or willful misconduct.

 

11. The Company shall not be liable for any damages incurred by its Customers due to the negligence of its employees, unless they are due to the Company’s gross negligence or willful misconduct.

 

 

Article 29 (Disclaimer of Guarantee)

 

The Company shall not be liable for any liability whatsoever, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, ownership and non-infringement, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. The Company does not warrant that the Customer will be able to access or use the Services at the time or place of their choice. The Company also does not warrant that the Service will be uninterrupted or error-free, nor that the defect will be corrected. The Company does not warrant that any Content developed by a Customer on the Service platform is lawful, nor does it guarantee that there will be no viruses or other harmful elements.

 

 

Article 30 (Notice to Customers)

 

1. If the company notifies the Customer, it can be done by e-mail address of Customer, electronic memo, private messages or text message (LMS/SMS), as applicable.

 

2. If the Company notifies all Customers concurrently, the Company may substitute the notice method in the preceding clause 1 by posting a notice for no less than 7 days on the Service platform.

 

 

Article 31 (Jurisdiction and Governing Law)

 

These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea. If a lawsuit is filed between a company and the Customer, a Korean court in accordance with the procedures set forth by law shall be the jurisdiction of the court.

 

 

Article 32 (Grievance and Dispute Resolution)

 

1. The Customer can send any questions, comments or complaints to the Company’s customer service department at hello@zep.us.

 

2. The Company shall promptly process any questions, comments or complaints from the Customers within a reasonable period; provided that if the processing time is prolonged, then the Company shall provide notice and reason for delays either via in-platform notice section or in accordance with Article 31(1).

 

3. If a dispute arises between the Company and the Customer and a third party arbitrator mediates the dispute, the Company will faithfully demonstrate the measures it has taken cooperate with such arbitrator.

 

 

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