Table of Contents (Website Membership Terms and Conditions)
- Article 1 (Purpose)
- Article 2 (Definitions)
- Article 3 (Posting, explaining, and amending the Terms and Conditions)
- Article 4 (Provision and modification of service)
- Article 5 (Suspension of service)
- Article 6 (Membership enrollment)
- Article 7 (Membership withdrawal and disqualification)
- Article 8 (Notice to members)
- Article 9 (Purchase offer)
- Article 10 (Entry into contract)
- Article 11 (Methods of payment)
- Article 12 (Receipt confirmation notice, and modification and cancelation of purchase offer)
- Article 13 (Supply of goods and services)
- Article 14 (Refunds)
- Article 15 (Offer withdrawal)
- Article 16 (Effect of offer withdrawal)
- Article 17 (Protection of Personal Information)
- Article 18 (Paradise City Website’s obligations)
- Article 19 (Member’s obligations concerning ID and password)
- Article 20 (User’s obligations)
- Article 21 (Relationship between linking mall and linked mall)
- Article 22 (Copyright-holder, and restrictions on copyright use)
- Article 23 (Dispute resolution)
- Article 24 (Jurisdiction and governing law)
Article 1 (Purpose)
The purpose of these Website Membership Terms and Conditions (the “Terms and Conditions”) is to provide for the cybermall’s and user’s rights, obligations, and liabilities in the use of Internet-related services (hereinafter "service") provided by the official website operated by Paradise Segasammy Co., Ltd. (hereinafter “Paradise City Website”).
Article 2 (Definitions)
- 1. “Paradise City Website” refers to any virtual place of business, for transacting goods or services, which Paradise City Website has established by use of information & communications equipment such as computers in order to provide users with goods or services (hereinafter "goods"). This term also refers to the operator of cybermall.
- 2. "User" refers to a member and non-member who access Paradise City Website and receives Paradise City Website’s service in accordance with the Terms and Conditions.
- 3. ”Member” means “Paradise Rewards Member” who has registered as a member by providing their personal information on the “Paradise City Website” and has continuous access to the information and services from the “Paradise City Website”.
- 4. "Non-member” refers to anyone who uses Paradise City Website’s services without becoming a member.
Article 3 (Posting, explaining, and amending the Terms and Conditions)
- 1. Paradise City Website shall post via Paradise City Website’s main (initial) page the Terms and Conditions, company name and CEO’s name, address of place of business (including the place where consumer complaints can be handled), phone number, fax number, email address, business registration number, e-commerce business number, chief Personal Information (personal information) officer, etc. so that users can easily understand them. However, Paradise City Website may have the users view the Terms and Conditions via a linked screen.
- 2. Paradise City Website, before user’s consent hereto, shall provide material items hereof, such as offer withdrawal, shipping responsibility, and refund terms, via a linked or pop-up page so that users can understand them, and then obtain the user’s consent.
- 3. Paradise City Website may amend the Terms and Conditions to the extent not violating applicable laws such as the Act on Consumer Protection in Electronic Commerce, Act on Regulation of Standardized Contracts, Framework Act on Electronic Commerce, Digital Signature Act, Act on Promotion of Information & Communications Network Utilization and Information Protection, etc., Door-to-Door Sales Act, Consumer Protection Act, and Customs Act.
- 4. Paradise City Website, to amend the Terms and Conditions, shall notify via its main (initial) page, from 7 days before the effective date (enforcement date) to the date immediately before the same, the effective date and reason of amendment along with the current Terms and Conditions. However, if the amendment is unfavorable to users, the aforementioned notice period shall be at least 30 days. In that case, Paradise City Website shall indicate a clear comparison of the Terms and Conditions before and after the amendment in an easy-to-understand manner.
- 5. The Terms and Conditions, when amended, shall only apply to contracts entered into after the effective date, while contracts entered into before the same shall be governed by the pre-amendment Terms and Conditions. However, where a user having entered into a contract informs, during the notice period under Paragraph 3, Paradise City Website that he/she desires to be governed by the amended Terms and Conditions and obtains Paradise City Website’s consent thereto, such Terms and Conditions shall apply.
- 6. Matters set forth herein and interpretations hereof shall be governed by the Act on Consumer Protection in Electronic Commerce, Act on Regulation of Standardized Contracts, Korea Fair Trade Commission’s (“KFTC”) Guideline on Consumer Protection in Electronic Commerce, and applicable laws or commercial practices.
Article 4 (Provision and modification of service)
- 1. Paradise City Website shall perform the following.
- 1) Provide information on goods or services and enter into a purchase contract
- 2) Other jobs designated by Paradise City Website
- 2. Paradise City Website, in cases such as unavailability of goods and services or changes in technical specifications, may modify the content of goods or services to be provided under a future contract with a user. In that case, Paradise City Website shall immediately announce, in such location where the content of current goods or services is posted, the content of modified goods or services and the expected date of provision thereof.
- 3. Paradise City Website, when modifying the content of service to be provided under a contract with a user for reasons such as unavailability of goods and services or changes in technical specifications, shall immediately notify it at such address where the user can be contacted or reached.
- 4. In the previous paragraph, Paradise City Website shall compensate for the user’s damages unless Paradise City Website proves that it bears no responsibility.
Article 5 (Suspension of service)
- 1. Paradise City Website may temporarily suspend the provision of service for reasons such as maintenance, replacement, malfunction, and failure of computers and information & communications equipment.
- 2. Paradise City Website, unless it shows that it bears no responsibility, shall compensate for users’ or third parties’ damages arising from temporary service suspension under Paragraph 1.
- 3. When unable to provide service for reasons such as a change in the line of business, discontinuation of business, and M&A, Paradise City Website shall notify, in the method set forth in Article 8, the same to users and compensate consumers upon such terms it has originally proposed. However, when having failed to notify compensation criteria, etc., Paradise City Website shall pay or grant users’ points or savings in the form of properties or cash corresponding to such monetary value as recognized by Paradise City Website.
Article 6 (Membership enrollment)
- 1. A user can become a member at no cost. Application for membership shall be made by entering member information in the Paradise City Website-designated form and then indicating consent to the Terms and Conditions.
- 2. Unless a user applying for membership under Paragraph 1 falls into any of the following, Paradise City Website shall register such user as a member.
- 1) Where the applicant has in the past been disqualified for membership under Article 7, Paragraph 3 hereof, unless 3 years have passed after the disqualification under Article 7, Paragraph 3 and Paradise City Website has accepted membership re-enrollment (re-subscription).
- 2) Where statements in the registration are false, missing, or erroneous.
- 3) Where it is deemed that membership registration will have material technical difficulties for Paradise City Website.
- 3. Paradise City Website membership registration shall result in simultaneous membership in PC’s Paradise Rewards, and saving (accumulation) of membership points and by-class benefits of membership shall be provided in accordance with PC’s Paradise Rewards Membership Terms and Conditions.
- 4. A member shall be at least 19 years of age (as for minors under 19 years of age, his/her legal representative’s prior written consent under Article 4, Paragraph 3, Item C of the Consumer Protection Guideline shall be obtained at the time of becoming a member and placing an order), and only members at least 19 years of age can make a purchase via Paradise City Website.
- 5. Membership enrollment (subscription) shall be completed when Paradise City Website’s acceptance thereof reaches the user applying for membership.
- 6. A member, in cases of changes in the Paradise City Website-registered member information, shall immediately notify the changes to Paradise City Website, or make necessary changes, in the method designated by Paradise City Website.
Article 7 (Membership withdrawal and disqualification)
- 1. A member may at any time request Paradise City Website for cancellation of his/her membership, and upon such request by a member, Paradise City Website shall immediately take measures necessary for the cancellation.
- 2. In any of the following cases, Paradise City Website may restrict a member’s use of certain services or suspend his/her membership for a certain period.
- 1) Where a member makes false registrations when applying for membership
- 2) Where a member fails to make timely payments in connection with such goods and services purchased by use of Paradise City Website
- 3) Where a member steals another person’s ID and password or such person’s Personal Information
- 4) Where a member defames or disadvantages another person via Paradise City Website
- 5) Where a member interferes with a third party’s use of Paradise City Website or otherwise threatens order in e-commerce
- 6) Where a member posts pornographic materials via Paradise City Website or creates a link to pornographic websites
- 7) Where a member does an act prohibited by the law or the Terms and Conditions or contrary to public order and good morals, by use of Paradise City Website
- 8) Where a member otherwise performs an act which intentionally interferes with the operation of the service
- 3. If the violation defined in Article 2 is committed two or more times or is not remedied within 30 days after the “Paradise City Website” suspends the membership, the “Paradise City Website” may terminate the membership.
- 4. If the “Paradise City Website” terminates membership, its registration shall be canceled. In this case, the member shall be notified of such cancellation and given an opportunity to respond to the decision at least 30 days prior to the cancellation.
Article 8 (Notice to members)
- 1. Paradise City Website may notify a member at the email address designated by the member in advance.
- 2. Instead of sending individual notices to multiple unspecified members, Paradise City Website may post the relevant matter for 1 week or more on Paradise City Website. However, individual notices shall be made for matters which have material impact in connection with member’s transactions.
Article 9 (Consent to Purchase Order & Collection of Personal Information)
1. The “Paradise City Website” users shall place orders using the following or similar methods whereas the “Paradise City Website” shall provide the following information in an easy-to-understand manner:
- 1) search and selection of products
- 2) entry of name, address, phone number and email address (or mobile phone number)
- 3) terms of service, subscription of services that cannot be cancelled, shipping charges and installation cost
- 4) confirmation of consent to these terms and understanding and rejection of Item 3 above (ex: mouse click)
- 5) product purchase order, the confirmation of purchase, or consent to the confirmation from the “Paradise City Website”
- 6) selection of payment option
Article 10 (Entry into contract)
- 1. Paradise City Website may refuse to accept a purchase offer, under Article 9, falling into any of the following. However, in the case of contracts with minors, Paradise City Website shall inform or notify that lack of legal representative’s consent may allow the minor or legal representative to cancel the contract.
- 1) Where statements in the application are false, missing, or erroneous
- 2) Where a minor purchases goods and services prohibited by the Juvenile Protection Act (cigarettes, alcoholic beverages, etc.)
- 3) Where it is otherwise deemed that accepting the purchase offer will have material operation or technical difficulties for Paradise City Website
- 2. A contract shall be deemed entered into when Paradise City Website’s acceptance reaches the user in the form of receipt confirmation notice under Article 12 Paragraph 1.
- 3. Paradise City Website’s acceptance shall include confirmation of user’s purchase offer, availability for sale, information on the correction and cancelation of purchase offer, etc.
Article 11 (Method of payment)
- 1. Payment for the goods or services purchased on Paradise City Website can be made in any of the following methods. However, with respect to user’s payment, Paradise City Website may not charge any type of fee in addition to the price of goods and services.
- 1) Fund transfer such as phone banking, Internet banking, and email banking
- 2) Card payment such as payment with prepaid card, debit card, and credit card
- 3) Online no-bankbook deposit
- 4) Payment in electronic currency
- 5) Cash on delivery (COD)
- 6) Payment in Paradise City Website-provided points (mileage, etc.)
- 7) Payment in gift cards contracted (agreed) with Paradise City Website or recognized by Paradise City Website
- 8) Payment in electronic payment method
Article 12 (Receipt confirmation notice, and modification and cancelation of purchase offer)
- 1. Where a user makes an offer of purchase, Paradise City Website shall send a receipt confirmation notice to the user.
- 2. A user having received the receipt confirmation notice, in cases such as discord or disagreement in the parties’ indication of intent, may immediately request modification and cancelation of the purchase offer, and Paradise City Website shall promptly follow the user’s request made prior to shipping.
Article 13 (Supply of goods and services)
- 1. Paradise City Website, unless there is a separate agreement with a user on the timing of supplying goods and services, shall take necessary measures, such as manufacturing and packing, so that the goods and services can be shipped within 7 days of the user’s offer. However, if Paradise City Website has already received all or part of the payment for goods and services, Paradise City Website shall take the aforementioned measures within 2 business days of receiving the payment. In that case, Paradise City Website shall take appropriate measures so that the user can check the procedure and status of the supply of goods and services.
- 2. Paradise City Website shall specify the modes of shipping, by-mode payer of shipping charge, by-mode deadline of shipping, etc. concerning the goods purchased by user. Paradise City Website, when failing to keep the agreed deadline of shipping, shall compensate for the user’s damages unless Paradise City Website shows that it bears no responsibility.
Article 14 (Refunds)
1. Paradise City Website, when unable to deliver goods or provide services for reasons such as the goods or services becoming unavailable, shall promptly notify it to the user, and revoke the contract and issue a refund within 3 days of receiving payment for the goods or services in cases where Paradise City Website has received the payment or, in other cases, within 2 days of the date on which Paradise City Website becomes unable to do the foregoing.
Article 15 (Offer withdrawal)
- 1. A user who has entered into a contract with Paradise City Website for the purchase of goods and services may withdraw his/her offer of purchase within 7 days of receiving the receipt confirmation notice.
- 2. In any of the following cases, a user who has received goods and services may not request return or replacement thereof.
- 1) Where, due to the user’s fault, the goods and services have been destroyed, lost or damaged (However, the offer can be withdrawn when packing is damaged while the content of goods and services is checked.)
- 2) Where, due to the user’s use or partial consumption, the value of goods and services has materially decreased
- 3) Where, due to the passage of time, the value of goods and services has materially decreased, making resale difficult
- 4) Where reproduction of goods and services with the same performance is possible and packing of the original goods and services has been damaged
- 3. In Subparagraphs 2 through 4 of Paragraph 2, unless Paradise City Website has taken measures in advance, such as stating restrictions on offer withdrawal in places which consumers can easily find, a user’s offer withdrawal shall not be restricted.
- 4. Notwithstanding Paragraphs 1 and 2, if the goods and services are not as labeled or advertised or the contract is not performed as agreed, a user may withdraw his/her offer of purchase within 3 months of receiving the goods and services and 30 days of the date on which he/she become aware or could have become aware of the matter.
Article 16 (Effect of offer withdrawal)
- 1. Paradise City Website, when having received from a return of goods and services from a user, shall refund the cost of the goods and services within 3 business days. In that case, Paradise City Website, if delayed in issuing the refund, shall pay a delay penalty or liquidated damages based on the rate decided and announced by the Korea Fair Trade Commission (“KFTC”) and on the length of delay.
- 2. In the aforementioned refund, where the user did pay via credit card, electronic currency, etc., Paradise City Website shall promptly request the operator or company, providing such means of payment, to suspend or cancel invoicing payment for the goods and services.
- 3. In cases of offer withdrawal, the cost of returning the goods and services supplied shall be borne by the user. Paradise City Website may not claim, against the user, penalty or damages based on offer withdrawal. However, if the goods and services are not as labeled or advertised or if the contract is not performed as agreed, thus resulting in offer withdrawal, the aforementioned cost shall be borne by Paradise City Website.
- 4. Where the user pays the shipping charge at the time of receiving the goods and services, Paradise City Website shall clearly indicate, in a manner easy for the user to understand, who shall bear such cost in cases of offer withdrawal.
Article 17 (Protection of Personal Information)
- 1. The “Paradise City Website” shall collect the minimum user information necessary for the execution of the purchase contract.
- 2. Paradise City Website, in order to collect a user’s personally-identifiable information (“personally-identifiable information”), must obtain such user’s consent.
- 3. The Personal Information collected may not be used for purposes other than disclosed or designated or provided to, or shared with, a third party without the user’s consent, and Paradise City Website shall be wholly liable for breach of the foregoing, except in the following cases.
- 1) When the user’s minimum information necessary for delivery (name, address, phone number) is notified to the shipper
- 2) Where any personal information necessary for statistics, academic research, or market surveys is provided or shared in a form in which a specific individual cannot be identified
- 3) When necessary for payment for goods and services
- 4) When necessary for identity verification in order to prevent theft
- 5) Where it is required by the law
- 4. Paradise City Website, where it has to obtain a user’s consent under Paragraphs 2 and 3, shall state or notify, in advance, matters prescribed by Article 22, Paragraph 2 of the Act on Promotion of Information & Communications Network Utilization and Information Protection, etc., including chief Personal Information officer’s identity (employer, name, phone number, other contact information), purpose of collecting and using the information, and matters concerning provision of information to third parties (recipient, purpose of providing information, information items provided). The user may at any time withdraw his/her consent.
- 5. A user may at any time request Paradise City Website for viewing and error-correction of his/her Personal Information held by Paradise City Website, who shall promptly take necessary measures. If the user has requested such error correction, Paradise City Website may not use the Personal Information until the error is corrected.
- 6. In order to protect Personal Information, Paradise City Website shall specifically designate, and minimize the number of, Personal Information personnel, and shall wholly be liable for a user’s damages arising from loss, theft, leakage, or unauthorized alteration of the user’s Personal Information including credit card and bank account numbers.
- 7. Paradise City Website, or any third party receiving Personal Information from the former, when achieving the purpose of collecting or receiving the Personal Information, shall promptly destroy the Personal Information.
- 8. The “Paradise City Website” shall not tick the consent box for the collection and use of personal information in advance. In addition, specific services that are subject to restriction if the user refuses to give their consent shall be specified in detail. The “Paradise City Website” shall not restrict or refuse to provide its services if the user refuses to provide personal information which is not required.
Article 18 (Paradise City Website’s obligations)
- 1. Paradise City Website may not do an act prohibited by the laws or the Terms and Conditions or contrary to public order and good morals, and shall do its best to continuously, stably provide goods and services as set forth herein.
- 2. Paradise City Website shall have in place a security system to protect users’ Personal Information (including credit information) so that users can safely use the Internet service.
- 3. Paradise City Website, when doing an unjustified labeling/advertising act under Article 3 of the Act on Fair Labeling and Advertising concerning goods or services and thereby inflicting damages to a user, shall be liable for the user’s damages.
- 4. Paradise City Website may not send for-profit or commercial advertising email not wanted by the user.
Article 19 (Member’s obligations concerning ID and password)
- 1. A member shall be responsible for managing his/her ID and password except in Article 17.
- 2. A member may not have a third party use his/her ID and password.
- 3. A member, when becoming aware that his/her ID and password have been stolen or are being used by a third party, shall promptly notify it to Paradise City Website, and if there are Paradise City Website’s instructions, shall follow them.
Article 20 (User’s obligations)
A user may not do the following acts.
- 1. Make false registrations in making applications or changes
- 2. Steal another person’s information
- 3. Alter information posted on Paradise City Website
- 4. Send or post information (e.g., computer program) other than designated by Paradise City Website
- 5. Infringe on Paradise City Website’s or a third party’s copyright or other intellectual property rights (“intellectual property rights”)
- 6. Defame Paradise City Website or a third party or interfere with operation or business thereof
- 7. Publish or post obscene or violent messages, pictures, or voice, or any other information contrary to public order and good morals
- 8. Any other act violating the law or deemed by Paradise City Website as inappropriate
Article 21 (Relationship between linking mall and linked mall)
- 1. Where a superior or higher-ranking mall and a subordinate or lower-ranking mall are connected through hyperlinks including text, picture, and video, the former shall be called a linking mall (website) and the latter shall be called a linked mall (website).
- 2. A linking mall which announces, in its main (initial) page or a pop-up page appearing at the time of link, that it shall not be responsible for a user’s transactions for goods and services independently provided by a linked mall shall not be responsible for such transactions.
Article 22 (Copyright-holder, and restrictions on copyright use)
- 1. Copyright and other intellectual property rights for works created by Paradise City Website shall belong to Paradise City Website.
- 2. Without Paradise City Website’s prior approval, a user may not use any information obtained from use of Paradise City Website and whose intellectual property rights belong to Paradise City Website, for profit and by methods such as reproduction, transmission, publication, distribution, or broadcasting, or have a third party use the same.
- 3. Paradise City Website, when using a user’s copyright, shall notify it to the user in accordance with the previously set rules.
Article 23 (Dispute resolution)
- 1. Paradise City Website shall establish and operate a compensation handling organization in order to reflect users’ legitimate complaints and opinions and compensate for their damages.
- 2. Paradise City Website shall handle user’s complaints and opinions as a priority. However, if expedient handling is difficult, Paradise City Website shall immediately notify the user of the reason and the schedule of handling the same.
- 3. Where a user applies for damage relief in connection with its e-commerce dispute with Paradise City Website, Paradise City Website may follow the result of mediation issued by a dispute mediation institution appointed by KFTC, mayor, province governor.
Article 24 (Jurisdiction and governing law)
- 1. Lawsuits concerning e-commerce disputes between Paradise City Website and user shall be subject to exclusive jurisdiction of the district court presiding over the user’s address at the time of filing a lawsuit or, if such address does not exist, over the user’s residence. However, if the user’s address or residence is not clear at the time of filing the lawsuit or if the user resides overseas, the jurisdiction shall be decided by the Civil Procedure Act.
- 2. E-commerce lawsuits between Paradise City Website and user shall be governed by the law of the Republic of Korea.