- 1. Purpose
The Terms of Use set out below (“Terms”) are between Cafe24 Corp. (“Cafe24,” “we” or “us”) and users of Cafe24 Store (“users” or “you”), and define their rights and obligations, as well as other necessary matters regarding the use of the relevant service. These Terms are aimed at protecting the mutual rights and interests of all parties and contributing to mutual prosperity.
- 2. Definitions
- ① The following terms shall be defined as follows with these Terms of Use:
- 1. “Cafe24 Store” shall mean the virtual place of purchase through which you can purchase apps and themes developed by vendors.
- 2. “Account (ID)” shall mean the account that is created once you create an account according to the procedures we have established.
- 3. “Vendor” shall mean anyone who is selling apps and/or themes through the Cafe24 Store.
- ② Any terms that are not mentioned in the previous paragraph shall be construed in accordance with Cafe24’s service guide or commercial practices.
- ① The following terms shall be defined as follows with these Terms of Use:
- 3. Publishing and Updating these Terms
- ① These terms will be published on our website’s home page to ensure that you can easily find them.
- ② We reserve the right to change these terms within a range that does not violate the REGULATION OF ADHESION CONTRACTS ACT, the ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC. or other relevant laws.
- ③ If the Terms change, we will notify you of the changes seven (7) days prior to the effective date by posting a notice that includes the reason for revision and the effective date on our home page or pages linked to the latter.
- ④ By not disagreeing to the changes, despite the fact that we clearly mentioned in the previously mentioned notice that no expression of disagreement before the effective date will be understood as an agreement to the changes, you are expressing your consent with the new Terms. If you do not agree to the modified Terms, you may cancel your Service Use Agreement.
- ⑤ We reserve the right to define different Terms and Conditions and operating policies for each service, and you must comply with them.
- 4. Establishing the Service Use Agreement
- ① After you accept these Terms and sign up for the use of Cafe24 Store, we will screen your application and conclude a Service Use Agreement.
- ② use of Cafe24 Store services may be postponed until you have successfully submitted the necessary information and documents we may request.
- ③ We may not conclude a Service Use Agreement in the following cases:
- 1. If you forget to submit or do not submit necessary information or documents, or if they contain false information;
- 2. If you have a history of having violated a contract related to any of our services or if you have any remaining unpaid bills;
- 3. If you are a child aged 14 or under who has signed up without the approval of a legal representative;
- 4. If you are registered as having credit card default in accordance with the CREDIT INFORMATION USE AND PROTECTION ACT;
- 5. If you apply on the basis of obscene information or information that violates social norms; or,
- 6. If we are unable to approve your application due to reasons attributable to you, or for other reasons that do not comply with our operating policies.
- ④ We may postpone the conclusion of the Service Use Agreement in the following cases:
- 1. In case of national state of emergency, such as natural disasters and war;
- 2. If we are in a difficult situation for a reason that hinders the performance of our tasks;
- 3. If it becomes difficult to maintain quality, or if we lack in necessary material or human resources; or,
- 4. If it becomes difficult for us to offer stable services because of other reasons.
- ⑤ If a situation described in paragraph 3 or 4 herein occurs after we have entered a Service Use Agreement, we may withdraw our consent to the aforementioned Agreement through prior notice in accordance with Article 6 herein.
- 5. Protecting Personal Information
We take on necessary administrative and technical measures to secure the safety of personal information in accordance with laws related to personal information such as the ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC. and the PERSONAL INFORMATION PROTECTION ACT, as well as the Standards for Securing Personal Information Security, and protect your personal information in accordance with our Privacy Policy.
- 6. Notifying Users
Unless otherwise specified outside of these Terms, when sending out notices, we will notify you through email or SMS to the contact information you shared with us. However, in the case of a notice to all or many users, we may post the information on our website’s “Notices” section for at least 7 (seven) days instead of sending direct notices.
- 7. Beginning our Services
- ① We will begin the services after completing the preset procedures as long as there are no special circumstances. However, if we cannot directly begin the services, we will notify you of the reason and the date of launch according to Article 6 herein.
- ② We will provide our services 24/7 unless we encounter business or technical issues. However, in case of periodic inspections or system upgrades, we may temporarily interrupt Cafe24 Store’s services and give you prior notice in accordance with Article 6 herein.
- 8. Cafe24 Store
- ① Under these Terms, we provide the following services at Cafe24 Store:
- 1. Purchase support services;
- 2. Contract and payment support services;
- 3. Other services related to e-commerce; and
- 4. Other additional and affiliate services.
- ② We reserve the right to newly organize or modify Cafe24 Store by giving prior notice according to Article 6 herein.
- ① Under these Terms, we provide the following services at Cafe24 Store:
- 9. Using Cafe24 Store
- ① Before using the Cafe24 Store, you must accept our Service Subscription Agreement and create a Cafe24 account. You may use the Cafe24 Store with the account information (ID, password) you receive upon creating an account.
- ② You must completely understand our conditions of use and policies by reading the information and guidelines we provide before using Cafe24 Store.
- ③ You may purchase apps and themes that are registered on Cafe24 Store. Once your purchase is complete, you may install the app or theme on your online store.
- ④ Before purchasing an app or theme, you must read its description and conditions of purchase. Damages that you incur after you place a purchase without having checked the app or theme’s description and conditions of purchase will be at your own expense.
- ⑤ You must use a payment method under your name when purchasing an app or theme. You must not use a payment method under someone else’s name as you please.
- ⑥ You must use Cafe24 Store according to the methods we defined. You must not abnormally use the services or access the system. We may restrict your use of some or all of our services, or cancel the contract we have entered with you, if you are found to be carrying out fraudulent acts.
- ⑦ If you are underage, we may require the consent of a legal representative. If not, your purchase actions may be limited.
- ⑧ All payments for purchase of apps and themes sold on Cafe24 Store must be made through Cafe24 Store. You may refuse to pay through any other method that a vendor may require. If you report such event, we will take actions, such as restricting the selling rights of the vendor.
- ⑨ You must not engage in illicit transactions (such as illegal cash out, payment instrument theft, or large-scale fraudulent transactions). We may restrict your usage rights, or cancel the contract we have entered with you, if you are found to be carrying out fraudulent acts.
- ⑩ If you need to re-install an app or theme you bought because of a download failure or error, you may send a re-installation request to the vendor within three (3) days after your purchase. However, you can only re-install the app on the same online store.
- 10. Cancellations and Refunds
- ① You may request a cancellation or refund in accordance with the Cancellation and Refund Policy of this section.
- ② Vendors will process cancellations and refunds for app purchases in accordance with the following policy. However, the rules may vary depending on the service or usage. In these cases, if there are no separate contracts, they will be subject to the relevant laws and the Korea Fair Trade Commission's Regulations on Consumer Dispute Resolution.
- 11. Our Rights and Obligations
- ① We will do our best to maintain and manage Cafe24 Store to ensure that users can use it reliably.
- ② We will strive to maintain the facilities and equipment for Cafe24 Store regularly/from time to time, and repair or restore any failure in a timely manner.
- ③ We will handle fair requests, such as feedback submitted by users, as soon as possible. However, if the process is delayed, we will notify users of the content and effective date in accordance with Article 6 herein.
- ④ While we operate, manage and provide a system that allows the free trade of goods between users and vendors, we do not represent the transaction between them.
- ⑤ We do not guarantee in any way the existence or authenticity of the intention of purchase or selling in relation to the transactions between users and vendors made within the system we provide; the registered apps and themes’ quality, integrity, safety, legality or non-infringement of others’ rights; and the truth or legitimacy of information entered by users or vendors or documents posted in spaces linked through such information.
- ⑥ We may provide a payment service by designating a payment agency to ensure more secure transactions.
- ⑦ We may collect information relative to service usage such as usage history, sales, and the number of users to use it as statistical data. We can use this data to support the users’ service usage or to help us provide more efficient services.
- ⑧ We may provide documents requested when civil or criminal legal proceedings are initiated in connection with users or when we are notified of preservative measures by the court, and may temporarily restrict the relevant users’ use of the service and the exercise of their rights.
- 12. Your Rights and Obligations
- ① You have the rights to use Cafe24 Store under the set conditions we provide.
- ② You are responsible for the transactions you enter with vendors and for the information you provide.
- ③ While you are responsible for preventing that the ID and password we provide you are leaked, you must also not transfer or lease your ID or password to another party without our consent.
- ④ You may participate in the promotional campaigns we hold and receive benefits under the set conditions.
- 13. Managing the Security System and Related Obligations
- ① We may patch relevant information and parts in case of serious security issues caused by program defect/failures or related incidents that need urgent attention.
- ② You must not carry out any of the following acts that could threaten our security or that of other users:
- 1. Propagate malicious programs such as computer viruses;
- 2. Scan Cafe24 Store and other systems for vulnerabilities and other illegal intrusions;
- 3. Disturb our regular services by causing a large amount of traffic; or,
- 4. Other infringing acts that interfere with our business.
- ③ You must immediately notify us if you detect any anomaly within the information system or an infringement accident occurs as you use it.
- ④ You must keep your contact information up to date so that we can contact you at all times in case of an emergency.
- ⑤ We will notify you of results after we take preliminary action in case of security measures taken under this Article.
- 14. Providing Information and Publishing Advertisements
- ① We may provide various information through email or text messages to users who have agreed to receiving commercial information. Those who have agreed to the reception of commercial emails/messages can withdraw their consent at any moment.
- ② We may provide information related to transactions and respond to your questions without prior consent in accordance with relevant laws.
- ③ We may publish advertisements in relation to the operation of services on our website and our different service pages.
- ④ You must not change posts related to the Cafe24 Store we provide or other related information.
- ⑤ As for advertisements we do not directly provide, we simply act as a general advertising medium. We do not offer any guarantee and are not liable for any issues that may arise from trusting such advertisements or the resulting transactions.
- 15. Intellectual Property Rights and Infringements
- ① copyrights and other intellectual property rights in relation to our Cafe24 Store revert to Cafe24.
- ② The intellectual property rights (reproduction rights, performance rights, public transmission rights, exhibition rights, distribution rights, rental rights), derivative work rights, and portrait rights pertaining to pictures and posts you upload about our services all revert to Cafe24. We may use these for advertising purposes.
- ③ You are not permitted to copy, transmit, publish, distribute, broadcast, or sell anything we provide (information, technology, documents, system, services, etc.) without our prior consent, or use it for a commercial purpose we have not approved.
- 16. Suspending Services
- ① We reserve the right to temporarily or completely suspend our services after giving you prior notice in the following situations:
- 1. If we suspect that an anomaly may disrupt other users or the network;
- 2. If we suspect that an external infringement incident might affect the network or system;
- 3. If a governmental institution related to networks or information protection, or the Internet Data Center (IDC) requests that we suspend our services; or,
- 4. If it becomes impossible for us to provide our services for operational reasons.
- ② We reserve the right to suspend (temporarily or not) our services without giving you prior notice in the following situations:
- 1. If a common telecommunications business operator, as defined in the Telecommunications Business Act, has suspended telecommunication services;
- 2. If there is a hardware failure or the system is down;
- 3. If the service is interrupted due to an external telecommunication company, electric power company, or a common telecommunications business operator;
- 4. If there is a power outage, equipment failure, or a network congestion;
- 5. If we need to carry out urgent system inspections, expansion and replacement works for security reasons;
- 6. If an anomaly is growing too fast and we do not have the time to give prior notice;
- 7. If there is a grave anomaly and we suspect that it will cause a great issue;
- 8. If it affects the service usage of other users; or,
- 9. If there is a natural disaster, state of national emergency, or an overall network failure.
- ③ We are not responsible for any damage caused to you in relation to events defined in this Article as long as it is not due to intentional acts or gross negligence on our part.
- ① We reserve the right to temporarily or completely suspend our services after giving you prior notice in the following situations:
- 17. Usage Restrictions
- ① We reserve the right to restrict the use of Cafe24 Store (in part or in its entirety) after giving you prior notice in the following situations:
- 1. If the information you provided is not accurate;
- 2. If we cannot contact you with the contact information you provided (more than two (2) attempts; once every two (2) days);
- 3. If you use Cafe24 Store for illegal purposes;
- 4. If you defame or insult others; or,
- 5. If you violate a clause from these Terms of Use.
- ② We will give you prior notice of our plan to restrict your usage according to this Article and explain the reasons.
- ③ While you may request that restrictions be lifted, we will lift the restrictions if we judge that your request is legitimate.
- ④ We are not responsible for any damage caused to you in relation to usage restrictions defined in this Article.
- ① We reserve the right to restrict the use of Cafe24 Store (in part or in its entirety) after giving you prior notice in the following situations:
- 18. Contract Cancellations
- ① You may express your intent to terminate your Service Use Agreement by requesting to remove your account at any time. Unless special circumstances occur, we will terminate the Agreement as soon as possible after you submit your request. However, if there are usage fees that remain unpaid, you must pay the fees according to the procedures we decided upon.
- ② We reserve the right to terminate the Agreement with a notice in the following situations:
- 1. If you have seen your usage restricted twice in one (1) year;
- 2. If you have transferred the rights and obligations that these Terms have granted you;
- 3. If you advertise or link other websites or services without our consent; or,
- 4. If you do something that may disturb the services or cause a failure.
- ③ Where we terminate the Agreement according to this Article, we will give you notice of the reason through email.
- 19. Compensation for Damages
- ① We are each liable for damages caused to one another by violating these Terms for reasons attributable to ourselves.
- ② However, damages caused by the suspension of services or failures shall be compensated by taking into account the characteristics of the Internet environment as follows:
- - If a service is suspended or a failure occurs for more than four (4) hours, the amount of relevant damages shall be calculated by taking the average usage fee paid on a daily basis over the three (3) months (or the relevant period if you had not yet used the service for three (3) months) preceding the suspension of the service or the failure, dividing it by 24 hours, then multiplying the result by the number of hours during which the service was suspended or the failure occurred, then multiplying the resulting amount by 3. The hours of service interruption or failure shall be calculated from the point you notice us of the issue.
- ③ Notwithstanding the foregoing paragraph, we are not liable for any damages caused to users by affiliate services and other services that we do not operate directly.
- 20. Indemnity
- ① We do not represent users or sellers in relation to transactions. We are not responsible for issues that may arise between you and sellers in relation to your transactions or the use of apps and/or themes.
- ② We are indemnified against claims pertaining to the fact we cannot provide Cafe24 Store in case of natural disasters, network failures, power outages, reasons attributable to a third party, and other force majeure events.
- ③ We are not liable for our failure to fulfill our obligations under this Agreement if it is due to unforeseen technical difficulties during system inspections and upgrades, unforeseen failures of the system or hardware, or distributed denial-of-service (DDoS) attacks and other external intrusions.
- ④ We are not responsible for the loss of your data (in part or in its entirety) on our servers due to hardware failures or defects, network failures, power outages, etc.
- ⑤ We are not liable for any damages arising from the expected revenue or obtained data while using Cafe24 Store.
- ⑥ We are not liable for services we provide free of charge unless there are special regulations in relevant laws.
- 21. Governing Law and Dispute Settlement
- ① All the disputes arising from or relating to these Terms shall be governed by and construed in accordance with the laws of the Republic of Korea.
- ② All the disputes arising from or relating to these Terms, shall be settled through mutual agreement between you and cafe24. However, if a dispute cannot be resolved, the issue will be filed to the competent court under the Civil Procedure Act.
- 22. Other Terms and Conditions
Any matters not specified in these Terms shall be subject to our service instructions and related laws and regulations.
- [Additional Clause]
These Terms of Use shall take effect on 09 23, 2020.