Terms of Service

Fair Trade Commission Standard Terms and Conditions No. 10023 Article 1 (Purpose) The purpose of these Terms is to set forth the rights, obligations, and responsibilities of the cyber mall and its users in connection with the use of internet-related services (hereinafter referred to as the "Services") provided by the cyber mall (hereinafter referred to as the "Mall") operated by MyCream Labs (an electronic commerce business operator). ※ "These Terms shall also apply mutatis mutandis to electronic transactions using PC communications and the like, insofar as such application does not contradict their nature." Article 2 (Definitions) ① "Mall" refers to the virtual place of business set up by MyCream Labs to enable the trading of goods or services with users using information and communications facilities such as computers, and is also used to refer to the business operator that operates the cyber mall. ② "User" refers to both members and non-members who access the Mall and use the Services provided by the Mall in accordance with these Terms. ③ "Member" refers to a person who has registered as a member by providing personal information to the Mall, and who continuously receives information from the Mall and is able to continuously use the Services provided by the Mall. ④ "Non-member" refers to a person who uses the Services provided by the Mall without registering as a member. Article 3 (Specification and Amendment of Terms) ① The Mall shall post the contents of these Terms, along with the company name, the location of the place of business, the name of the representative, the business registration number, and contact information (telephone, fax, email address, etc.) on the initial service screen (front page) of the MyCream Labs cyber mall so that users may readily ascertain them. ② The Mall may amend these Terms to the extent that such amendment does not violate relevant laws, including the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Commerce, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization, the Act on Door-to-Door Sales, and the Consumer Protection Act. ③ When the Mall amends these Terms, it shall announce the amended Terms together with the current Terms on the initial screen of the Mall, specifying the effective date and the reason for amendment, from seven (7) days prior to the effective date until the day before the effective date. ④ When the Mall amends these Terms, the amended Terms shall apply only to contracts concluded after the effective date, and the provisions of the pre-amendment Terms shall continue to apply to contracts already concluded before that date. However, if a user who has already concluded a contract sends notice to the Mall within the announcement period under Paragraph 3 expressing the intention to be subject to the provisions of the amended Terms, and the Mall consents thereto, the amended provisions shall apply. ⑤ Matters not stipulated in these Terms and the interpretation of these Terms shall be governed by the Consumer Protection Guidelines for Electronic Commerce enacted by the government, as well as relevant laws or commercial practice. Article 4 (Provision and Modification of Services) ① The Mall performs the following tasks: 1. Providing information on goods or services and concluding purchase contracts; 2. Delivering goods or services for which a purchase contract has been concluded; 3. Other tasks determined by the Mall. ② In the event of a sold-out item or a change in technical specifications, the Mall may change the content of the goods or services to be provided under contracts to be concluded in the future. In such cases, the Mall shall announce the changed content of the goods or services and the date of provision at the location where the current content of the goods or services is posted, from seven (7) days prior to the date of provision. ③ If the Mall changes the content of services it has contracted to provide to a user due to reasons such as a sold-out item or a change in technical specifications, the Mall shall compensate the user for any damages incurred thereby. However, this shall not apply if the Mall is not at fault through intent or negligence. Article 5 (Suspension of Services) ① The Mall may temporarily suspend the provision of Services in the event of reasons such as maintenance, inspection, replacement, or breakdown of information and communications facilities such as computers, or interruption of communications. ② In the case of suspension of Services under Paragraph 1, the Mall shall notify users by the method set forth in Article 8. ③ The Mall shall compensate users or third parties for damages incurred due to the temporary suspension of Services for the reasons stated in Paragraph 1. However, this shall not apply if the Mall is not at fault through intent or negligence. Article 6 (Membership Registration) ① A user applies for membership by filling in member information according to the registration form prescribed by the Mall and indicating their assent to these Terms. ② The Mall shall register as members those users who have applied for membership as described in Paragraph 1, unless they fall under any of the following: 1. Where the applicant has previously lost membership status under Article 7, Paragraph 3; provided, however, that this is excepted where three (3) years have elapsed since the loss of membership status under Article 7, Paragraph 3, and the Mall has consented to re-registration; 2. Where there is falsehood, omission, or error in the registration details; 3. Where the Mall otherwise determines that registering the applicant as a member would significantly impede its technical operations. ③ The membership contract is deemed concluded at the time the Mall's acceptance reaches the member. ④ If there is any change to the registration details under Article 15, Paragraph 1, the member shall immediately notify the Mall of such change by email or other means. Article 7 (Withdrawal of Membership and Loss of Qualification) ① A member may request withdrawal from the Mall at any time, and the Mall shall process the withdrawal immediately. ② Where a member falls under any of the following, the Mall may restrict or suspend the member's qualification: 1. Where false information was registered at the time of application; 2. Where the member fails to pay, by the due date, the price of goods or services purchased through the Mall or other debts borne by the member in relation to the use of the Mall; 3. Where the member threatens the order of electronic commerce, such as by interfering with another person's use of the Mall or by misappropriating their information; 4. Where the member engages in acts prohibited by law or these Terms, or contrary to public order and morals, using the Mall. ③ After the Mall has restricted or suspended a member's qualification, if the same act is repeated two (2) or more times, or if the cause is not remedied within thirty (30) days, the Mall may revoke the member's qualification. ④ When the Mall revokes a member's qualification, it shall cancel the member registration. In such case, the Mall shall notify the member and provide an opportunity to explain before the member registration is cancelled. Article 8 (Notification to Members) ① When the Mall notifies a member, it may do so to the email address submitted by the member to the Mall. ② In the case of notification to an unspecified number of members, the Mall may substitute individual notification by posting on the Mall's bulletin board for one (1) week or more. Article 9 (Purchase Application) A user of the Mall applies to purchase on the Mall by the following methods: 1. Entering name, address, and telephone number; 2. Selecting the goods or services; 3. Selecting the payment method; 4. Indicating assent to these Terms (e.g., a mouse click). Article 10 (Conclusion of Contract) ① The Mall shall accept a purchase application as described in Article 9, unless it falls under any of the following: 1. Where there is falsehood, omission, or error in the application details; 2. Where a minor purchases goods or services prohibited under the Juvenile Protection Act, such as tobacco or alcohol; 3. Where the Mall otherwise determines that accepting the purchase application would significantly impede its technical operations. ② The contract is deemed concluded at the time the Mall's acceptance, in the form of a receipt-confirmation notice under Article 12, Paragraph 1, reaches the user. Article 11 (Payment Methods) The payment for goods or services purchased on the Mall may be made by one of the following methods: 1. Bank transfer; 2. Credit card payment; 3. Online deposit without a bankbook; 4. Payment by electronic currency; 5. Payment upon receipt, etc. Article 12 (Receipt-Confirmation Notice; Change and Cancellation of Purchase Application) ① The Mall shall provide a receipt-confirmation notice to the user when there is a purchase application from the user. ② A user who has received a receipt-confirmation notice may, in the event of a discrepancy in the expression of intent or the like, request a change or cancellation of the purchase application immediately after receiving the receipt-confirmation notice. ③ Where there is a request from the user to change or cancel the purchase application before delivery, the Mall shall process the request without delay in accordance with such request. Article 13 (Delivery) The Mall shall specify, for the goods purchased by the user, the means of delivery, the party bearing the delivery cost by means, and the delivery period by means. If the Mall exceeds the agreed delivery period through its own intent or negligence, it shall compensate the user for damages resulting therefrom. Article 14 (Refund, Return, and Exchange) ① Where the Mall is unable to deliver goods or provide services applied for by the user due to reasons such as being sold out, the Mall shall notify the user of such reason without delay, and shall take steps to rescind the contract and provide a refund within three (3) days from the date payment was received if the price of the goods or services was received in advance, or otherwise within three (3) days from the date the cause arose. ② In the following cases, even for goods that have been delivered, the Mall shall immediately take measures for refund, return, or exchange in accordance with the user's request within the business day following receipt of the returned goods. However, the deadline for such request shall be within twenty (20) days from the date of delivery: 1. Where the delivered goods differ from the order details or differ from the information provided by the Mall; 2. Where the delivered goods are broken, damaged, or contaminated; 3. Where the goods were delivered later than the delivery period indicated in the advertisement; 4. Where the user's offer was made in a state where matters required to be indicated in the advertisement under Article 18 of the Act on Door-to-Door Sales were not indicated. Article 15 (Protection of Personal Information) ① When collecting user information, the Mall collects the minimum information necessary for the performance of the purchase contract. The following are mandatory items, and other items are optional: 1. Name; 2. Date of birth (in the case of members); 3. Address; 4. Telephone number; 5. Desired ID (in the case of members); 6. Password (in the case of members). ② When the Mall collects personally identifiable information of a user, it shall obtain the consent of that user. ③ The provided personal information may not be used for purposes other than those intended, or provided to a third party, without the consent of the relevant user, and the Mall bears all responsibility therefor. However, the following are exceptions: 1. Where the minimum user information necessary for delivery (name, address, telephone number) is provided to a delivery company for delivery purposes; 2. Where it is provided in a form that cannot identify a specific individual, as necessary for the preparation of statistics, academic research, or market surveys. ④ Where the Mall must obtain the user's consent under Paragraphs 2 and 3, it shall specify or notify in advance the matters prescribed in Article 16, Paragraph 3 of the Act on Promotion of Information and Communications Network Utilization, including the identity of the person responsible for personal information management (affiliation, name, telephone number, and other contact information), the purpose of collection and use of the information, and matters related to the provision of information to third parties (the recipient, the purpose of provision, and the content of the information to be provided); and the user may withdraw this consent at any time. ⑤ A user may, at any time, request access to and correction of errors in their personal information held by the Mall, and the Mall is obligated to take the necessary measures without delay. Where a user requests the correction of an error, the Mall shall not use the relevant personal information until the error is corrected. ⑥ For the protection of personal information, the Mall shall limit and minimize the number of administrators, and bears all responsibility for damages to users caused by the loss, theft, leakage, or alteration of users' personal information, including credit cards and bank accounts. ⑦ The Mall, or a third party that has received personal information from it, shall destroy the relevant personal information without delay upon achieving the purpose of collection or the purpose for which it was provided. Article 16 (Obligations of the Mall) ① The Mall shall not engage in acts prohibited by law or these Terms, or contrary to public order and morals, and shall do its best to provide goods and services continuously and stably in accordance with these Terms. ② The Mall shall have a security system in place to protect users' personal information (including credit information) so that users may use internet services safely. ③ Where the Mall causes damage to a user by engaging in an unfair labeling or advertising act prescribed in Article 3 of the Act on Fair Labeling and Advertising with respect to goods or services, it shall be liable to compensate for such damage. ④ The Mall shall not send commercial advertising emails for profit-making purposes that users do not wish to receive. Article 17 (Obligations Regarding the Member's ID and Password) ① Except in the case of Article 15, the responsibility for managing the ID and password rests with the member. ② A member shall not allow a third party to use their ID and password. ③ Where a member becomes aware that their ID and password have been stolen or are being used by a third party, they shall immediately notify the Mall and follow the Mall's guidance, if any. Article 18 (Obligations of the User) The user shall not engage in the following acts: 1. Registering false information at the time of application or change; 2. Altering information posted on the Mall; 3. Transmitting or posting information other than that prescribed by the Mall (such as computer programs); 4. Infringing the intellectual property rights, such as copyrights, of the Mall or other third parties; 5. Acts that damage the reputation of, or interfere with the business of, the Mall or other third parties; 6. Acts of disclosing or posting on the Mall obscene or violent messages, images, voice, or other information contrary to public order and morals. Article 19 (Relationship Between the Linking Mall and the Linked Mall) ① Where an upper Mall and a lower Mall are connected by means such as a hyperlink (e.g., the targets of a hyperlink include text, images, and moving images), the former is referred to as the "Linking Mall" (website) and the latter as the "Linked Mall" (website). ② The Linking Mall shall not bear any guarantee liability for transactions conducted between the user and the Linked Mall with respect to goods or services independently provided by the Linked Mall, where the Linking Mall has specified on its site that it does not bear such guarantee liability for those transactions. Article 20 (Attribution and Restriction on Use of Copyright) ① Copyrights and other intellectual property rights in works created by the Mall belong to the Mall. ② The user shall not use, for profit-making purposes, information obtained through the use of the Mall by reproducing, transmitting, publishing, distributing, broadcasting, or by other means without the prior consent of the Mall, nor allow a third party to use such information. Article 21 (Dispute Resolution) ① The Mall shall establish and operate a damage-compensation handling body to reflect legitimate opinions or complaints raised by users and to compensate for such damages. ② The Mall shall give priority to handling complaints and opinions submitted by users. However, where prompt handling is difficult, the Mall shall immediately notify the user of the reason and the processing schedule. ③ Disputes arising between the Mall and a user may be subject to mediation by the Electronic Commerce Dispute Mediation Committee established under Article 28 of the Framework Act on Electronic Commerce and Article 15 of its Enforcement Decree. Article 22 (Jurisdiction and Governing Law) ① Lawsuits regarding electronic commerce disputes arising between the Mall and a user shall be filed with the competent court under the Civil Procedure Act. ② Korean law shall apply to electronic commerce lawsuits filed between the Mall and a user.