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Terms and Conditions

 

Chapter 1: General Provisions

Article 1 (Objective) 

The objective of these Terms of Use is to define the rights, obligations and responsibilities of Couchgram (hereinafter “the Company”) and its members and other necessary matters related to use of Couchgram service (hereinafter “the Service”) provided by the Company.

 

Article 2 (Terms and Definitions) 

① The definitions of the terms used in these Terms of Use are as follows:

  1. “The Company” means the business entity that provides service through a mobile application.
  2. “Members” mean the persons who have agreed on the Terms of Use and the personal information handling policy, and are authorized to use the service.
  3. “Service” means “Couchgram” service which the members can use irrespective of the terminal (including various wire/wireless devices such as mobile terminal, telephone set, etc.) the service is implemented on.
  4. An “Account” means the telephone number of a member for identification of the member and service use and the e-mail account selected by the member or provided through the login interlocking service of a social service, or a combination of English letters, figures and special letters arbitrarily given by the Company for provision of service.
  5. “Couchgram” means the mobile application and mobile service that provide a communication reception interface in accordance with the user setting for the information about the telephone number the call is received from as soon as a member receives a call or SMS.

② The definitions of the terms used in the Terms of Use shall be in accordance with the related laws and other general commercial practices with the exception of those defined in each subparagraph of Paragraph 1.

③“Point (or reward point)" means the data on the service that is accumulated in accordance with Article 11 of this Agreement, and members can earn points when they follow the procedures and rules set by the Company. Earned points cannot be exchanged for cash value.

 

Article 3 (Clear Statement and Revision of the Terms of Use) 

① The Company shall announce the contents of these Terms of Use when the service is installed and initially executed in a way the members can easily understand them, and put them up within the service to enable the members to easily read them during use of the service.

② The Company shall take action to enable questions of the members about the Company and the Terms of Use to be answered.

③ The Company shall prepare the Terms of Use in a way those who want to use the service (hereinafter “the User”) can easily understand the contents, and obtain the consent of each user by providing it on a separate connection screen or pop-up screen.

④ The Company may revise the Terms of Use without violating related laws such as the 「Act on the Regulation of Terms and Conditions」, the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」, and the 「Act on the Protection, Use, etc. of Location Information」.

⑤ When the Terms of Use are revised, the Company shall add a notice of the date of application, content of revision and the reason for revision within the service from 7 days prior to the date of application at the latest (30 days prior to the date of application, in the case of a matter disadvantageous or important to members) until a considerable period elapses after the date of application.

⑥ The member who does not agree on the application of the revised Terms of Use may cancel the use contract.

 

Article 4 (Interpretation of the Terms of Use) 

① The Company may have a separate Terms of Use and Policy for each individual service (hereinafter “Other Terms of Use, etc.”) and, if the relevant content conflicts with these Terms of Use, Other Terms of Use, etc. it shall be preferentially applied.

② As to the matter or interpretation not defined in the Terms of Use, Other Terms of Use, etc., related laws or commercial practices shall be followed.

 

Chapter 2: Conclusion of a Use Contract
 

Article 5 (Application for Use and Conclusion of a Use Contract) 

① Those who want to use the service provided by the Company should install the service and apply for use by the method of agreeing on the Terms of Use and Personal Information Handling Policy notified when the service is initially executed.

② When a user applies for membership using the login interlocking service through the account of a social service such as Google or Facebook, the user is regarded having agreed on the terms specified herein, which shall become effective immediately.

③ The use contract is concluded when the social service account information is provided by the user who has applied for the use of the service at the time the decision making on the account registration is completed, and the information about the telephone number and the terminal (model name, OS name, OS version, IMEI, etc.) collected from the terminal is provided (automatic collection) to the Company.

 

Article 6 (Member Account [ID]) 

① The Company shall give a combination of the telephone number of the member and the e-mail account selected by the member or provided through the login interlocking service of a social service as the account for protection of the member information and convenience of service use guide.

② If a member postpones account registration, the Company shall arbitrarily give a combination of English letters, figures and special letters as an account to the member for provision of the service.

③ The Company carries out all member management works such as whether a relevant member can use the service or not through the account information.

④ Each member should manage its account information fulfilling its fiduciary duty. The responsibility for damage caused by the user’s negligence of management of its account information or acceptance of use by a third party is held by the member.

⑤ When the account information is found to have been stolen or used by a third party, the member should immediately notify it to the Company and follow the guidance of the Company.

⑥ For Paragraph ④, the Company shall not take any responsibility for the disadvantage caused by the member not notifying it to the Company or not following the guidance of the Company even when notified.

 

Article 7 (Provision of and Change in Member Information) 

① When a member should provide information to the Company in accordance with the Terms of Use, true information should be provided, and the member cannot be protected against the disadvantages caused by provision of false information.

② The Company cannot correct the information provided by members in accordance with the Terms of Use unless it causes a fatal obstacle to service operation such as a service failure, libel on another person, etc.

③ When a member uses the service, the Company may be provided with the information about the member such as e-mail address, gender, date of birth, and location information by obtaining the consent of the member.

④ When the Company corrects the information about a member because a cause specified in Paragraph ② has occurred or the member should correct the information, the Company may notify the member of the change details via SMS or voice communication.

 

Article 8 (Protection and Management of Personal Information) 

① The Company shall strive to protect the personal information of members including the account information pursuant to the provisions of the related laws. For protection and use of the personal information of members, related laws and the personal information handling policy separately notified by the company shall be applied.

② The Company does not take any responsibility for all the information of members including the account information exposed due to a cause attributable to the member.

 

Chapter 3: Obligations of the Contractual Parties
 

Article 9 (Obligations of the Company) 

① The Company observes the related laws, sincerely exercises the rights, and fulfills the obligations specified in the Terms of Use in good faith.

② The Company should be equipped with a security system for protection of personal information (including credit information) to enable members to safely use the service, and announces and observes the personal information handling policy of the Company. Excluding the cases defined by these Terms of Use or the personal information handling policy, the Company shall prevent personal information of members from being disclosed or provided to a third party.

③ When a failure occurs with the equipment while improving the service to provide continuous and stable service, the Company should strive to repair it or restore the condition without delay unless there is an inevitable cause such as a natural disaster, an emergency, or a defect or failure impossible to be solved with the current technology.

④ If an opinion advanced or complaint lodged by a member in relation to use of the service is acknowledged to be reasonable, the Company should settle the matter, and the process shall be carried out and the result shall be notified to the member via the bulletin board within the service, e-mail, SMS, etc. .

 

Article 10 (Obligations of Members) 

① Members should not commit the following acts:

  1. Entering of false content during an application or change
  2. Theft and use of information of another person
  3. Change of information put up by the Company
  4. Act of collecting information about other members
  5. Transmission or putting up of information (computer program) prohibited by the Company
  6. Infringement of intellectual rights such as the copyrights of the Company or third parties
  7. Act of deteriorating the reputation or interfering with the works of the Company or other third parties
  8. Act of disclosing or putting up lewd or violent quotes, writings, images, sound and other information that goes against public order or morality.
  9. Act of using the service for the purpose of profit, sales or advertisement without obtaining consent by the Company.
  10. Act of duplicating, disassembling, imitating or transforming the service through reverse engineering, decompiling, disassembly or other processing methods.
  11. Other acts prohibited by related laws or not allowed by morality or other social norms.

② Members are obligated to check and observe the provisions of the Terms of Use, the use guide and precautions announced in relation to the service, and the notices made by the Company, and should not commit other acts which interfere with the works of the Company.

③ Each member is responsible for management of the information which enables creation of an account and logging in this service, such as the account information of the member through e-mail, and the account ID and password of a login interlocking service such as Facebook, Twitter, etc., and should not allow a third party to use it. If the account of a member has a risk of outflow of personal information, is antisocial or against good and laudable customs, or has a risk of being misunderstood as the Company or the operator of the Company, the Company may restrict the use of the relevant account.

If the account of a member is found to have been stolen and used by a third party, the member should immediately notify it to the Company and follow the guidance of the Company. The Company shall not take any responsibility for the disadvantage caused by the member not notifying it to the Company or not following the guidance of the Company even when it is notified.

 

Chapter 4: Use of the Service
 

Article 11 (Earning points)

① Members may earn points if they watch ads on their mobile and follow the procedures provided by the Company as set forth in these Terms and Conditions.

② In addition to the above services, the Company may develop additional point earning services and provide them to its members.

③ You can check accumulated points by tapping on the current points.

④ Earned points cannot be transferred, inherited, leased, or used as a security deposit.

 

Article 12 (Use of affiliate contents)

① Members can use the accumulated points to purchase and use various affiliated contents provided in the service.

② The member is responsible for the fees incurred in connection with the points.

 

Article 13 (Point correction, cancellation, expiration) 

① Members who fail to earn points can request a recovery from the Company within 90 days of the date of the failure, and if the Company determines that it is a legitimate request, it will fix the point within 90 days of the date of the request for recovery.

② Points can be cancelled to 0 point when you earn points by illegal method, and cannot be recovered if they are deactivated for 3 months or longer.

③ If you earn points by abnormal or abusive method, the earned points will be invalidated, and you may be subject to member sanctions.

 

Article 14 (Change in and Correction of the Content of the Service) 

① The Company shall have the comprehensive right for production, change, maintenance and repair of the content of the service provided to members.

② The Company may change or modify the service, wholly or partly, in accordance with the operational and technical necessity if it is difficult to provide the service due to decrease in the use of the service, if the policy of the company related to provision of the service is changed due to the necessity for service conversion caused by aggravation of business structure or advancement in technology, or for other adequate reasons.

③ When there is a change in the content of the service, use method or use hours, the Company should notify the member of the reason for change, the content of the service to be changed, and the date of application before or after the change.

④ The Company may correct, stop or change the service provided free of charge, wholly or partly, in accordance with the policy and necessity of the Company, for which the Company shall not compensate members unless there is a special provision on it in the related laws.

 

Article 15 (Provision and Stoppage of Service, etc.) 

① The service shall be provided year round 24 hours a day in principle.

② In spite of Paragraph ①, the service may not be provided for a certain period of time in one of the cases specified in the following subparagraphs, during which the Company has no obligation to provide the service:

  1. repair or examination of the information and communication equipment such as computer, replacement and failure, periodic inspection, communication interruption or when there is a reasonable ground in operation
  2. an electronic infringement accident such as hacking, a communication accident, or when it is required to cope with unforeseen instability of the service
  3. when normal service is unable to be provided due to a natural disaster, a state of emergency, blackout, a failure of the service equipment, or flood of service use
  4. when it is imperative for management of the company due to company division, merger, transfer of business, abolition of business, or aggravation of business structure of the relevant service.

③ If the service is to be stopped due to a cause falling under Paragraph ②, members shall be notified in advance. However, if unavoidable circumstances make the Company unable to notify it in advance, the notice can be made after the stoppage.

 

Article 16 (Responsibility related to Use of the Service) 

① Members are not allowed to commit an act of publicizing the information about reselling of commodities, advertisement for commodities or obscene materials, or interfering with the business of a third party using the service without obtaining an advance approval of the Company, or an act of infringing the right of a third party such as writing false information about the third party or defamation.

① Members are not allowed to commit an act of publicizing the information about reselling of commodities, advertisement for commodities or obscene materials, or interfering with the business of a third party using the service without obtaining an advance approval of the Company, or an act of infringing the right of a third party such as writing false information about the third party or defamation.

 

Article 17 (Collection of Information, etc.) 

① The Company may store/keep the content of the service used by the member in the service.

② The Company may allow members to read this information only when the Company judges it as required for mediation of a dispute between members, settlement of complaints, etc., and this information shall be possessed only by the Company and shall never be opened to a third party who is not entitled to read it by law.

③ The Company may provide members with diverse information acknowledged to be required during use of the service via a notice or SMS. Members may refuse reception of such information at any time with the exception of the information related to transaction pursuant to the related laws and answers to the inquires from customers.

④ he Company may insert advertisements in the service screen or website in relation to operation of the service.

 

Article 18 (Reversion of Copyrights, etc.) 

① The copyrights and intellectual property rights for the service belong to the Company. However, the writings provided based on business partnership are excluded.

② Members are prohibited from using or having a third party use the information of which the intellectual property right belongs to the Company, or the company that has provided the information among the information, obtained using the service provided by the Company for profit-making purpose by way of duplication, transmission, publication, distribution, broadcasting, or other methods without an advance approval from the Company or the company that has provided the information.

③ Members are given only the right to use the service and so on in accordance with the Terms of Use established by the Company. Members are not allowed to commit an act of disposal such as transfer, selling or providing it as collateral.

 

Chapter 5: Provision of Location-based Services
  

Article 19 (Utilization of Location Information)  

① The Company may utilize location information of members to provide the number retrieval service which is part of the service.

② The location information of members is utilized when retrieving the telephone number and information using a specific firm name and telephone number through the telephone number retrieval function.

③ The Company does not separately collect the location information of the member utilized in the process of providing the service. The location information of the member is utilized only for retrieval of the information such as the distance to and the location of the destination during use of the service.

  

Article 20 (Consent on Utilization of Location Information and Withdrawal Thereof) 

① The Company may obtain consent of the member on utilization of location information when the member uses the number retrieval service for the first time.

② When a member does not desire utilization of location information, the member may refuse utilization of location information. However, when a member rejects utilization of location information, the member is unable to use the services of map and alignment in the order of distance that are provided utilizing the location information in the number retrieval service.

③ If a member wishes to withdraw the consent already given on utilization of location information, the member can withdraw the consent on the utilization of location information using the location information setup menu in the basic settings of the terminal.

④ If the Company cancels the use contract of a member, the Company shall notify the member of the following in writing, via SMS, or by any other similar methods.

  1. Reason for cancellation
  2. Date of cancellation

  

Chapter 6: Cancellation and Termination of Contract, and Use Restrictions
 

Article 21 (Cancellation and Termination of Contract)  

① Members may cancel the use contract at any time by sending an application to the customer center in writing or via telephone or e-mail. The Company shall process it immediately pursuant to the provisions of the related laws.

② When a member cancels the contract, all the data of the member shall be eliminated as soon as the use contract is cancelled with the exception of cases where the member information is possessed in accordance with the related laws and the personal information handling policy of the Company. However, even when the contract is cancelled by the member, the writings prepared by the member are not deleted.

③ If a member violates the obligations of members stipulated in the Terms of Use, the Company may cancel the contract after notifying it to the member in advance. However, if the member has caused damage to the Company by violating the current law, whether intentionally or by gross negligence, the Company may cancel the use contract without an advance notice.

  

Article 22 (Restriction on Use of the Service by a Member) 

① When a member has violated the obligations in the Terms of Use or interfered with normal operation of the service, the Company may restrict the use of the service in phases such as warning, cancellation of the contract, etc.

② As to the restriction condition and the detailed content of the restriction within the scope of restriction on use of this article, what is established by the use restriction policy of the Company shall be applied.

③ Members may raise an objection to the use restriction imposed on the basis of this article in accordance with the procedures established by the Company. If the objection raised by the member is acknowledged to be reasonable, the Company may immediately resume tservice for the member.

  

Article 23 (Procedures for Raising an Objection against Use Restrictions) 

① When a member intends to disobey a use restriction, the member should raise an objection by e-mail or any other similar method within 15 days after receipt of the notice, explaining the reason for disobeying the use restriction imposed by the Company.

② When an objection of Paragraph 1 is received, the Company should give an answer to the reason for disobey of the member by e-mail or by an equivalent method within 15 days after receipt of the objection. However, if it is difficult for the Company to give the answer within 15 days, the Company shall notify the member of the reason and the handling schedule.

③ The Company should take action corresponding to the content of the above answer.

  

Chapter 7 Compensation for Damage and Exemption from Responsibilities
 

Article 24 (Compensation for Damage) 

① The service provided by the Company is free of charge, and the Company does not compensate any damage unless the damage is caused by the Company intentionally or due to gross negligence of the Company.

② When a member has caused damage to the Company by violating the Terms of Use, the member is responsible for compensation of the damage to the company.

 

Article 25 (Exemption of the Company from Responsibilities) 

① When the service is unable to be provided due to a natural disaster or equivalent force majeure, the Company is exempted from the responsibility for provision of service.

② The Company is be exempted from the responsibility for impeded use of service and cancellation of contract due to a cause attributable to the member.

③ The Company is exempted from responsibility for damage incurred to a member if the main telecommunication service provider has sto

④ The Company is exempted from the responsibilities in relation to use of the service provided free of charge unless there is a special provision in the related laws.

pped or not properly provided the electric/communication service unless caused by the Company intentionally or due to gross negligence.

⑤ The Company is exempted from the responsibilities for the problems caused by the transactions between members and a member and a third party using the service as a medium.

⑥ The Company does not store the information about the call reception of members, and is exempted from the responsibilities for the difficulty of members in receiving calls resulting from not storing it.

 

Article 26 (Notice to Members)  

① When giving a notice to members, the Company may use the e-mail address or mobile phone number provided by the member when applying for service use or SMS.

② When a notice is required to be given to all members, the Company may publicize the content of the notice on the Notice in the website of the Company, or in the service or on a popup screen for 7 days or longer instead of sending the notice stated in Paragraph ①.

  

Article 27 (Jurisdiction and Applicable Law) 

The Terms of Use shall be governed and interpreted by Korean laws and, when a lawsuit is filed for a dispute between the Company and a member, the court decided in accordance with the procedure stipulated in the law shall be the competent court.

 

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