Article 1 Purpose
1) These Terms and Conditions of Use (hereinafter referred to as the "Terms and Conditions") are intended to specifically specify the terms and conditions and all matters related to the use of the Mobile Index Service (hereinafter referred to as the "Service") provided by IGAWorks (“Company”) to the customers (hereinafter called as “Members”).
2) If a person who wants to become a Member clicks the "sign up for membership" button following the prescribed procedure on the homepage of this site, it would be considered that he/she agrees to Terms and Conditions. The users other than those stipulated in the Terms and Conditions and the rights, and the duties and responsibilities set out on the homepage of the Company shall be governed by the Telecommunications Business Act, other applicable laws and commercial practices of the Republic of Korea.
Article 2 Definitions
"Member" means an individual or a corporation who has access to the Company's homepage, agrees to the Terms and Conditions to become a member of the Service.
“Service" means all information and data that the Company provides to its Member through its website (https://www.mobileindex.com, hereafter referred to as the “Site”).
Article 3 Provision of Service and other matters
1) The Company provides the Members with following services through the Site.
2) Notwithstanding the foregoing, the Company may change the contents provided by the Service to improve the service or to change it according to the circumstances of the Company.
3) Some of the service is limited to the customer who paid the amount requested by the company, and the contents of the paid service can be decided and changed by the company.
4) The right of using the services provided by the Company is non-exclusive and shall not be transferred or redistributed to any third parties.
5) Members shall judge the reliability, accuracy, legality, and usefulness of the service by themselves, and use the service at their own responsibility.
6) Members shall not develop or sell the services same or similar to the Service.
7) The Company may ask the third party to do the maintenance, repair, development, and others of system for providing the service, assist with the sale of the service, provide advice and help the member with the use of the Service. In this case, the Company may provide the third party performing the Service with the information on the Members as required for the business.
Article 4 Effect and Change of the Terms and Conditions
1) The Terms and Conditions take effective by notifying the announcement through site or e-mail to Members.
2) The Company may revise the Terms and Conditions to the extent that it does not violate the relevant laws such as the Act on Regulation of Terms and Conditions and Act on the Promotion of Utilization of Information and Communications Network and others.
3) The Company may change the Terms and Conditions without prior notice without any prior notice if there are any significant causes, and the changed Terms and Conditions will be announced on the site.
4) Members have the right to refuse the changed Terms and Conditions. Members may express their intention of objection to the changed terms within fifteen (15) days after they are posted. If the member refuses to accept the changed Terms and Conditions, the company may terminate the contract with the member. If the Member does not indicate his intention to refuse within fifteen (15) days after the changed terms are announced, he / she is considered to have consented to the changed Terms and Conditions.
Article 5 Rules of Terms and Conditions
The matters not specified in the Terms and Conditions shall be governed by the relevant laws and other relevant rules and regulations, such Act on Regulation of Terms and Conditions, Framework Act on Electronic Documents and Transactions, Digital Signature Act and Act on the Promotion of Utilization of Information and Communications Network.
The Company may temporarily suspend the provision of services on the homepage of the Company in the event of maintenance, replacement, breakdown or interruption of the communication facilities such as computers. The Company may also discontinue the services currently provided for reasons such as the website being replaced with a new service, or if the website of the Company is deemed appropriate.
Article 6 Establishment of Agreement
1) If Member reads the Terms and Conditions and clicks “Accept” button or checks “Confirm”, he/she is considered to have agreed on the Terms and Conditions.
2) The Agreement is established when the Member agrees on the Terms and Conditions and then the application is accepted by the Company. However, if it is deemed necessary by the Company, it is possible for the Company to ask the applicant to submit separate documents.
Article 7 Application for Use of Service
1) Member who wants to use the service by joining as a member must provide the Company with all the information requested by the company.
2) All Members must provide the Member's real name before using the service. Members who are not registered with their real names cannot claim any rights for Services.
3) Membership must be applied with the real name of a corporate or an individual, and the company may verify if the name is real name.
Article 8. Approval and Reservation of Application for Use of Service
1) The Company accepts the applications for use of Service under Article 7 unless there are special circumstances.
2) The Company may refuse the approval if the applicant falls on any of the following items. If the applicant falls under any of the following items after the registration, the Company cancel the Member’s approval when
3) The company may suspend to approve the application for use in the following cases.
Article 9 Obligations of the user’s ID and password
1) The Member is obliged to protect the ID and password given to him/her when the use of service is applied according to Article 7 or Article 8 and shall change the ID and password to keep them from theft.
2) If a Member intentionally provides his / her ID and password to a third party, the Company may immediately block the access right of the Member, and if the act causes damage to the Company, the Company may ask the member to compensate for the damages. You may be required to pay damages for it.
3) In order to prevent unauthorized use of Member ID and password, the Company may restrict the use of services such as limitation of simultaneous access and designation of connection PC, and the Member shall actively cooperate with the Company's measures .
4) If a member recognizes that his / her ID and password are stolen or used by a third party, he / she shall notify it to the homepage of the company immediately and follow the instructions of the homepage of the company, if available.
Article 10 Change in Member Information
1) Members can view and modify their information on the site at any time.
2) If there is a change in the information used on the application for use of the service, he / she must correct it on the site. If there is any problem caused by the Member’s not correcting the changed information, he/she is responsible for the problem caused by not changing the information of the member.
3) If the Member wants to, he/she may cancel the consent of Terms and Conditions. If the Member cancels the Terms and Conditions, he/she will get some restriction in using the Service. The revocation of the consent of Terms and Conditions may be done with one-to-one question at the website or email (MI_Help@igaworks.com).
Article 11 Company’s obligations
1) The Company does its best to provide continuous and stable service without any prohibition or violation of related laws and Terms and Conditions.
2) The Company shall make efforts to provide Members with continuous and stable service as stipulated in the Terms and Conditions, and shall repair and restore the Service without delay when the equipment is damaged or lost. However, in case of natural disasters, emergencies, or other unavoidable circumstances, the Service may be suspended or discontinued.
3) The Company makes the best efforts to not infringe the right or honor of the third party in the fulfillment of the obligations of this contract.
Article 12 Obligations of the Member
1) The Member shall abide by Terms and Conditions and the guidance on the use of Service or other public announcement and shall not engage in activities that interfere with the other work of Company.
2) Member cannot transfer or assign the right of use of service or other contractual status to any third person without express consent of the Company, and cannot provide it as collateral. Member makes every effort to not infringe upon the rights or honor of any third party in the performance of its obligations under this Agreement.
3) The Member shall not engage in any of the following activities related to the use of the Service.
Article 13 Service Time
1) The service is operated 24 hours a day, 7 days a week and 365 days a year unless there is a special obstacle in the business or technology of the Company. However, the Company may temporarily suspend the Service on the day or time set by the Company for periodic inspection, expansion and replacement of the system.
2) The Company may suspend the service temporarily without notice due to unavoidable reasons such as urgent system inspection, expansion and replacement, and may completely suspend the Services that are currently provided for reasons that the Company deems appropriate, such as replacement with a new service.
3) The Company may restrict or suspend all or part of the service if it cannot provide normal Service due to national emergency, outage, service facility failure, in which case, the Company may limit or suspend all or a part of the Service with the cause and period of suspension notified in advance or later.
4) If the Company discontinues the service due to reasons beyond the control of the Company (such as disk failure, or system crash due to the intentional act or gross negligence of the system administrator), in which case, the notice is not given.
Article 14 Settlement in paid service
1) The payment for contents and information provided by the Company as a paid service can be done by any of the following methods. The company provides the Members with a way of viewing the purchase history when the payment is made via the electronic payment method. The member inputs a noticeable e-mail to the payment history notification service provided by the company. The Member will be notified or get the information on the individual electronic payment as the attachment of the electronic document if he/she enters the email address in the notification service for the settlement.
2) Notwithstanding the preceding paragraph, the Company may add or take out any payment method if required at the discretion of the Company.
3) The Member shall be responsible for the management of his/her won payment information unless otherwise specified in the Terms and Conditions and related laws, He/she shall not allow any third parties to use his/her own settlement information, in which case, the Member is responsible.
4) If the Company and the Member enter into a separate contract for the use of the paid service, the separate agreement shall take precedence.
Article 15. Refund of Payment
1) Members may receive a refund in the same way as the Member made payment if the following cases happen: However, if the Company cannot make a refund in the same way, the prior notice will be done.
2) The Company will not refund any event coupons paid by the company free of charge to prevent unauthorized use of paid services and the coupons are no more valid when the Member stops using the Service
3) In case of theft of personal information (Member ID, password, billing information, etc.) and payment fraud, the fee will not be refunded. In this case, the requests for access to personal information can be confirmed only in compliance with the investigation procedure of the investigation agency in accordance with relevant laws.
4) Refunds under this Article may be restricted according to related laws and government policies.
5) If the Member who uses the paid Service terminates the Service and get refund from the Company, he/she shall must apply for termination of the Service by e-mail or telephone before the termination and notify it to the Company.
6) The refund of the service fee for the paid Service is made as follows.
Article 16 Refund of overpaid fee
1) The Company shall refund the overpaid fee in the same manner as the Member made payment in the event of a fraud. If the refund is not possible in the same way, the Company shall give the prior notice on that.
2) In the event of overpayment by the causes attributable to the Company, the Company will refund the entire amount of money regardless of the contract fee or fee. However, in the case of overpayment caused by the Member, the Member shall bear the cost of refunding the overpayment to a reasonable extent.
Article 17 Discontinuation of services
1) The company may discontinue all or part of the Service.
2) If the Company discontinues all or part of the Service, the Company must pot in on the site in advance.
3) If the paid Service is discontinued, the Member who has paid the applicable paid service may terminate the use of the paid service and ask for the refund, and in which case, the refund will be made according to the refund method set forth in Article 15. However, in this case, there is no penalty for early termination.
4) The Company shall not be liable for any damages incurred by Members or third parties due to the discontinuation of the previously notified services.
Article 18 Provision of information
1) The Company may provide Members with various kinds of information that are deemed necessary for the use of the service through various communication means.
2) The Company may ask the Members for additional information with the consent of the Member for the purpose of improving the service and introducing the Service to the Member.
Article 19 Termination of Contract and Restriction on Use of Service
1) When the Member wants to terminate the Agreement, he / she must apply for termination through 1: 1 inquiry or e-mail (MI_Help@igaworks.com).
2) The Company may suspend the Service without prior notice or terminate the service within the specified period, if the Member has performed any of the following acts.
Article 20 Protection of Member's Personal Information
The website of the Company makes efforts to protect the personal information of its Members, including registration information of Members, as stipulated by the relevant laws and regulations.
Article 21 Intellectual Property Rights
1) All intellectual property rights, such as copyrights, industrial property rights and other rights, related to the Service, shall belong to the Company. Licenses or rights to third parties cannot be transferred to the Member. Members may not use trade names, trademarks, logos, and others of the Company. without the consent of the Company.
2) Member shall not copy, modify, or process any contents related to the service, and shall not engage in anything that infringes the intellectual property rights of the Company’s Service.
Article 22 Disclaimer
1) The Company is exempted from its liability for service if it cannot provide services due to natural disasters, war or other force majeure events.
2) The Company shall be exempted from liability if the telecommunication service provider ceases to provide the telecommunication service or fails to normally provide it so that there is the damage.
3) The Company is exempted from liability for damages caused by unavoidable causes such as maintenance, replacement, periodic inspection and construction of service facilities.
4) The Company shall not be liable for any damages which are caused when the Member companies make the computer errors or fail to record the personal information and e-mail address.
5) The Company shall not be liable for the loss of profit which would occur when the Member Company use the Service.
6) The Company shall not be liable for damages caused by the data obtained by the Member Company while using the Service. In addition, the Company shall not be liable for any mental damages suffered by a Member while using the Service and caused by any other Member.
7) The company shall not be liable for the reliability and accuracy of the information, data, or facts provided by the Service.
8) The Company has no obligation to intervene in the dispute arising out of the Service between the Member and the third party, nor shall it be responsible for any damages caused by the dispute.
9) The Company shall not be liable for any damages in connection with the use of the Services provided free of charge to the Member.
Article 23 Compensation
The Member shall compensate the Company for any damages and expenses (such as financial loss and attorney’s fee) incurred by the Company related to its acts in violation of its Terms and Conditions.
Article 23 Jurisdiction
A complaint arising from a dispute concerning the use of Services between the Company's website and Members shall be brought to the courts located in Seoul, Republic of Korea, which have the jurisdiction over it according to the Civil Procedure Act.
< Additional provision >
The Terms and Conditions will take effective on July 1, 2016.