Chapter 1 General Provisions
Article 1 Purpose
The purpose of these Terms of Use is to set forth any and all matters regarding the terms and conditions of use and operation of services on “Noutecomapny Corp.” (“Website”).
Article 2 Definitions
The major terms used herein shall have the following meanings.
1.
Members mean users who have registered with the Website by agreeing to the terms and conditions of the Website and providing their personal information and who have executed the user agreement with the Website and use the Website.
2.
User Agreement means the agreement entered into by and between the Website and a Member with regard to the use of the Website.
3.
Member’s ID means a combination of a unique sequence of characters and numbers, which is granted to each Member for the identification of the Member and the use of services by the Member.
4.
Password means a combination of characters and numbers, which is selected by a Member to verify that the ID is granted to the same Member and to protect the rights and interests of the Member.
5.
Operator means the person/entity that has opened and operated a website that provides services.
6.
Bonus Seeds means fictitious data that can be arbitrarily set, paid, or adjusted by the company when a member uses the service. Bonus Seeds can only be used within the validity period and are not refundable. The validity period of Bonus Seeds is in accordance with the Company's policy and will automatically expire after the validity period.
7.
Seeds means a prepaid electronic payment method that members can purchase to use paid services within the company
8.
Termination means that the Members terminate the user agreement.
Article 3 Applicable Rules Other than Standard Terms of Use
The Operator may separately announce and provide guidance on operational policies, if necessary. If these Terms of Use and operational policies overlap, then the operational policies shall prevail.
Chapter 2 Service Agreement
Article 4 Execution of User Agreement
1.
The user agreement shall be constituted when a person who wishes to use the Website agrees to these Terms of Use and then the Operator accepts the application for membership made by such a person.
2.
Any person who wishes to use services as a Member shall indicate his/her intention to agree to these Terms of Use by reading these Terms of Use when applying for membership and clicking “I agree” in the below.
Article 5 Application for the Use of Services
1.
Any user who wishes to use the Website as a Member shall provide any and all information, such as User ID, Password, and nickname, which is requested by the Website.
2.
A Member who has not registered his/her genuine information by stealing another person’s information or registering false information may not claim any right to the use of the Website and may be subject to punishment under relevant statutes.
Article 6 Guideline on Personal Information Processing
The Website and the Operator do not have the Members’ Passwords among their personal information provided in applying for membership. Anything related to the Members’ Passwords shall be handled in accordance with the Guideline on Personal Information Processing.
The Operator shall make efforts to protect the Members’ personal information, including the Members’ registered information, in accordance with relevant statutes.
The Members’ personal information shall be protected in accordance with relevant statutes and the Guideline on Personal Information Processing that is established by the Website.
However, the Operator shall have no liability for the information leaked due to a reason attributable to a Member.
If a Member registers and distributes illegal postings, including those that disrupt good public order and customs or violate national security, then the Operator may access the Member’ materials and submit such materials to the related institutions, upon request of such institutions.
Chapter 3 Obligations of the Contracting Parties
Article 7 Operators’ Obligations
1.
The Operator shall deal with any opinions offered or complaints raised by the Members as soon as possible if such opinions or complaints are deemed just. However, if the Operator finds it difficut to deal with such opinions or complaints swiftly due to its personal reasons, then it shall do its best by making a post announcement or sending the Members messages or e-mails.
2.
If there is any breakdown in equipment or any equipment is lost, then the Operator may request the Website to repair or restore such equipment without any delay for the continuous and stable provision (or operation) of the Website. However, in case of natural disasters or unavoidable reasons on the part of the Website or the Operator, the operation of the Website may be temporarily suspended.
Article 8 Members’ Obligations
1.
The Members shall comply with the matters stipulated in these Terms of Use, any and all regulations established by the Operator, matters including notices and operational policies to which users are notified via the Website, and relevant statutes. The Members shall not commit acts to disrupt other businesses of the Website or to tarnish the reputation of the Website.
2.
The Members may neither assign, give away, nor provide as security the right to use services and their contractual status under the user agreement, unless the Website gives its the express consent.
3.
Customers shall take considerable care in managing their IDs and Passwords and may not allow any third party to use their IDs without the consent of the Operator or the Website.
4.
The Members shall not infringe on the intellectual property rights of the Operator, the Website, and any third party.
Chapter 4 Using the Service
Article 9 Service Use Hours
1.
In principle, services shall be available for 24 hours a day, 365 days a year unless there is any special operational or technological delay. However, the Website may temporarily suspend services on the date(s) or hour(s) designated by the Website for system checkups, extensions, and replacements. As the temporary suspension of services due to scheduled work is announced on the homepage of the Website in advance, users are recommended to visit and read the homepage frequently.
2.
The Website may temporarily or permanently suspend services without any prior announcement or notice in the following cases.
•
If there is any urgent system checkup, extension, replacement, breakdown, or malfunction
•
If there is any force majeure event, such as national emergencies, blackouts, or natural disasters
•
If common carriers as stipulated in the Telecommunications Business Act suspend telecommunication services
•
If there is any delay in the use of normal services due to overload of traffic during the use of services
3.
In case of the suspension of services under Paragraph 2 above, the Website shall notify the Members of such suspension via prior notice. However, if the Website finds it impossible to make a prior notice of the service suspension caused by an uncontrollable cause, then a later notice or announcement shall be made in lieu of such a prior notice.
Article 10 Termination of Use of Services
1.
If the Members wish to terminate the user agreement with the Website, then they themselves shall apply for the termination of their registration online. However, the termination of use of the Website shall be separately made from the termination of the user agreement.
2.
As Website-related programs are automatically deleted on the Members Management screen, upon application for termination of the user agreement (or the use of services), the Operator may not be able to look at the information of the applicant for the termination of the user agreement anymore.
3.
Upon termination, all account information (Profile picture, Introductory text, etc.), store history (Bonus Seeds, Seeds, Coupons, Purchased items, Likes, etc.), and community history (Photoes in Photo collection, task history) will be deleted and cannot be recovered.
4.
User-generated content (UGC), such as posts and comments in the community and store reviews, will not be automatically deleted when you cancel your subscription, and your username will remain private. If you want to delete your UGC, you must delete it yourself before canceling the contract, as your membership information will be deleted and we will not be able to confirm your identity.
Article 11 Limitations on Use of Services
The Members shall not conduct any act that falls under any of the following. If the Members are found to have committed any such act, the Website may place restrictions on the use of services by the Members, take legal measures, terminate the user agreement, or suspend services for a specified period of time.
1.
Registering false information upon signing up for membership or changing information so that it is false after signing up for membership
2.
Hindering others from using the Website or stealing others’ information
3.
Impersonating the management, staff, or related personnel of the Website
4.
Infringing on the moral rights or intellectual property rights of the Website or any other third party or disrupting their businesses or operations
5.
Fraudulently using another Member’s ID
6.
Collecting, storing, and disclosing another Member’s personal information without its consent
7.
Committing any act that is objectively believed to be related to crimes
8.
Violating community guidelines
9.
Violating other relevant statutes
10.
Seeds held in the service being less than 0 because of a fraudulent refund
Article 12 Consent to receive marketing information
In accordance with relevant law, we obtain prior consent from users to send advertising information. You can use the service even if you do not fill in the optional information.
1.
The Company may utilize the personal information you provide for the following purposes.
•
Developing new features and providing customized services
•
To send newsletters and inform you of new features
•
Providing advertising information such as events such as discounts and coupons.
2.
In the course of operating the service, the Company may provide various information to members via app-push notifications, email, SMS, and Kakao Talk, etc. However, informational contents that must be provided in addition to advertising information are provided regardless of whether the user agrees to receive them.
3.
Even after consenting to receive, you can withdraw your consent at will, and even if you do not consent to receive, you can use the basic services provided by the Company, but you may not receive marketing information provided by the Company. If you wish to withdraw your consent, you can request to withdraw your consent through the in-app notification settings or customer center. If you wish to consent to receive marketing information in the future, you can do so in the in-app notification settings.
Chapter 5 Managing posts
Article 13 Management of Postings
1.
The Operator shall be responsible for the management and operation of postings and materials of the Website. The Operator shall always monitor postings and materials. If the Operator finds or receives a report on faulty postings and materials, then it shall delete such postings and materials and give a warning to the Member that registered such postings and materials. Meanwhile, as the Member is responsible for postings made by him/her, he or she may not put up postings that violate these Terms of Use.
2.
If public institutions, such as the Korea Internet Safety Commission, make a demand for the correction of any posting, then the Operator may delete or move such posting without the Member’s prior consent.
3.
The criteria for determining any posting to be faulty are as follows.
•
Postings that seriously insult another Member or any third party or tarnish its reputation
•
Postings that distribute or offer links to content in violation of good public order and customs
•
Postings that promote illegal copies or hacking
•
Postings that aim to make advertisements for purposes of profit
•
Postings that are objectively acknowledged to be associated with crimes
•
Postings that infringe on the rights of another Member or any third party, including copyrights
•
Other postings that are deemed to violate relevant statutes
4.
If the Website and the Operator are requested by any third party to suspend putting up postings due to reasons such as defamation or infringement of rights, including intellectual property rights, then they may temporarily do so. In addition, if the Website is informed of any lawsuit, settlement between any person/entity requesting the suspension of putting up postings and any person/entity registering such postings, or any decision of a relevant institution similar to the foregoing, then it shall comply with such settlement or decision.
Article 14 Custody of Postings
If the Operator suspends the operation of the Website due to unavoidable circumstances, then it shall make a prior announcement and make efforts to take all measures to ensure that all postings are easily transferred.
Article 15 Copyrights to Postings
1.
Members shall own copyrights to materials posted by them within the Website.
2.
The Company may reproduce, distribute, transmit, and exhibit the contents posted by the Member on the Site to the extent necessary for the purposes of the following items, domestically or internationally, and may modify, edit, and translate the contents to the extent that the essential contents are not changed. However, if the Member requests the deletion of such works, the Company may cooperate with the Member's request.
•
Marketing, including internet, mobile, and SNS, for the purpose of using or promoting posts on the Site or sites operated by the Company.
•
Providing and using the content in the Company's affiliated services (including the services of the Company's affiliates)
3.
Members may not use materials posted in the services for commercial purposes, including processing and selling the information acquired through the services at their discretion.
4.
If the Operator determines materials or content posted or registered by the Members to fall under any of the items in Paragraph of Article 12 above, then it may delete, move, or refuse to register such materials or content without any prior notice.
Chapter 6 Issuing and managing seeds
Article 16 Use of Seeds
1.
Members may use seeds in accordance with the deadline and usage method set by the Company, and the Company shall determine the specific details through these Terms and Conditions or separate detailed usage guidelines.
2.
Members may use Seed as a payment method to access paid services. However, the Company may restrict the use of Seed for some paid services.
3.
In order to comply with relevant laws and regulations and to prevent illegal financial activities, the Company may establish requirements for seed ownership, use, and usage through separate detailed usage guidelines.
4.
Seeds will be deducted immediately upon completion of the paid service.
5.
The member may terminate the contract of transaction if he or she does not agree with the company when the company changes the policy on seeds through these terms and conditions or detailed user guidelines. Otherwise, he/she is deemed to have approved the change in policy.
Article 17 Expiration of Seeds
1.
Seed will be automatically forfeited if not used for 5 years from the date of payment, subject to the statute of limitations.
2.
If Terms of Use is canceled or terminated in accordance with Chapter 4, Article 10, the Seed will be automatically lost and will not be restored.
Article 18 Refunds of Seeds
1.
The member shall express his/her intention to the company through telephone, e-mail, CS center in the service, etc. regarding the refund of the seed, and the company shall refund the seed as stipulated in this agreement or detailed user guidelines if the member requests the refund of the seed.
2.
The Company will refund the member or cancel the payment in the same way as the payment was made. However, if the refund cannot be made in the same way, we will notify you in advance.
3.
The Company does not charge penalties or damages to members for withdrawing their transaction. However, payment fees and remittance fees incurred due to refunds are excluded, and penalties may be charged for canceling products with a contracted usage period. In-app payment methods of app markets and cancellation/refund issues are subject to the policies of each app market and should be inquired through the respective customer center.
4.
Seed's refund policy for not redeeming both the seed and the Bonus Seeds you received for free with that seed payment is as follows:
•
Members can withdraw their transaction (cancel payment, recharge) and get a refund within 7 days from the date of payment of the Seed. However, if members have made multiple payments and recharges for Seed within the last 7 days, members can request a refund for each payment.
•
Your seeds will be refunded after any bonus seeds you received for free are deducted.
5.
If a Seed becomes unavailable due to a natural disaster, or a defect in the Seed prevents company from providing the Goods or Services, the company will pay the member the full balance recorded on the Seed.
6.
In order to prevent illegal financial activities, the Company may require the Member to provide the necessary supporting documents for the refund, and if the Member refuses, the refund may be restricted.
7.
Refunds may be delayed or impossible in the event of a violation of financial laws such as the Credit and Financial Services Professionals Act or the Subsidies Act, or in the event of restrictions in Republic of Korea imposed by law enforcement agencies and administrative authorities through due process, such as proceeds of crime or identity theft.
Article 19 Revocation of Trading Instructions
1. If a Member pays funds using a prepaid electronic payment instrument, the Member may revoke the instruction before the information in the amount of the instruction reaches the electronic device designated by the recipient.
Chapter 7 Damages and More
Article 20 Special Provisions for Minors' Use Agreement
1.
If a minor member under the age of 19 wishes to use a paid service, the Company shall take measures to notify the minor before concluding the contract that the minor or his/her legal representative may cancel the contract if the consent of a parent or other representative is not obtained, or if the consent is not obtained after concluding the contract.
2.
If a minor makes the company believe that he/she is an adult by deception, such as registering for membership using the resident registration number of another adult or using the payment information of an adult without consent, the contract cannot be canceled even if the legal representative does not consent.
Article 21 Advertising Publication
1.
The Company may place advertisements within the service for the purpose of maintaining the service.
2.
The Company shall not take any responsibility for any loss or damage caused when a user engages in advertisements or transactions publicized within the service under the control of a third party, except for cases due to the Company’s intention or gross negligence.
Article 22 Damages
1.
The Members shall primarily bear all civil and criminal liability that arises within the Website.
2.
If a Member suffers from any damage caused by force majeure events, such as natural disasters or its willful misconduct or negligence, then the Website may offer no compensation for damages.
Article 23 Indemnification
1.
If Members do not earn any profit from the rendering of services at the Website or if there arises any damage from the optional selection of service materials or use of services, then the Operator shall be relieved from any liability arising from the foregoing.
2.
The Operator shall be relieved from liability caused by any disruption in services at the Website or in telecommunication services offered by other carriers. These Terms of Use shall apply mutatis mutandis to the damage caused in connection with the service base at the Website.
3.
The Operator shall not be liable for materials stored, posted, or transmitted by the Members.
4.
The Operator shall not be liable for any disruption in the use of services due to a reason attributable to the Members.
5.
The Operator shall not be liable for any and all activities, including data transmission and other community activities, between the Members, and between the Members and any third parties, regardless of whether such activities occur within the Website or through any outside services.
6.
The Operator shall not be liable for the authenticity, trustworthiness, and accuracy of materials posted or transmitted by the Members or all materials provided for the Members via the Website.
7.
The Operator shall not be liable for any and all damage which is caused by goods transactions between the Members, as well as between the Members and any third parties via services.
8.
The Operator shall not be liable for any disputes that occur between the Members or between the Members and any third party without a reason attributable to the Operator.
9.
The Operator shall not be liable for any damage suffered by the Members if such damage is caused by disruptions in systems that can occur without its willful misconduct or gross negligence. In this case, such misconduct can be considered similar to misconduct in the course of managing, checking, repairing, and replacing equipment, such as servers or operating software. The Operator is also not liable for any damage suffered by the Members if it is caused by any third party’s attack, the distribution of computer viruses for which any anti-virus/vaccines have not been developed by domestic or foreign prestigious research institutions or security-related companies, or force majeure events that cannot be otherwise controlled the Operator.
Addendum
These Terms of Use shall take effect on 27th-Nov-2023.
